Parking Eye LBCCC Help required

zokaluse

Hi everyone,

Ihave read through the stickies and have drafted a letter that I think is suitable to send off.

Would one of you in the know please take a gander and let me know if it's ok or if I need to tweak it anymore please?

The charge is from a doctors surgery car park that was closed at the time of the charge - the chemist which shares the car park was also closed which the driver was not aware of until after they had parked and visited the chemist, so they could not put the reg in any of the machines( 1 in docs and 1 in chemist). There are signs in the surgery/chemist above the machine to tell you to enter your reg.
There is no barrier, there is one sign at the entrance of the car park that would mean stopping the car prior to turning in fully off the road, getting out tiliting ones head up very high and reading the notice.

Here is my first attempt at a letter:

[FONT=&quot]Parking Eye Ltd
PO Box 565
[/FONT]
[FONT=&quot]Chorley [/FONT]
[FONT=&quot]PR6 6HT

27th January 2014

YOUR REFERENCE: xxxxxxxxxxxxxx

Re: LETTER BEFORE COUNTY COURT CLAIM dated 23rd January 2014

[/FONT]
[FONT=&quot]Dear Sirs,[/FONT]
[FONT=&quot]
I am writing in acknowledgement of the letter received in relation to the above reference.

I have looked into the Practice Direction and the letter from you does not contain the contents compared to what the Practice Direction says it must, therefore I do not see how you can say your letter is fully compliant with the Practice Direction and seems to be written to mislead the recipient.

[/FONT]
[FONT=&quot]I have no legal training whatsoever and yet I can see clearly that your letter does not comply and am appalled that the solicitors in your legal department are unable to produce and supply a fully complaint Letter Before County Claim.[/FONT]

[FONT=&quot]Due to the above mentioned error on your behalf I now ask that in the first instance you send me a fully compliant Letter Before County Court Claim to enable me to look into it fully based on the Practice Direction.[/FONT]

[FONT=&quot]Once the above is received I shall seek advice and respond with a formal response within 30 days of receipt as required by the Practice Direction.[/FONT]

[FONT=&quot]The mention you make of not being able to go down the POPLA route does not ring true to me as nowhere in the BPA Code of Practice does it say that a Private Parking Company cannot provide the POPLA code after 28 days has passed. I feel it is your duty to mitigate your losses and not incur additional losses unnecessarily. I am fully willing to have this dispute decided by POPLA to avoid burdening the court with this matter, and invite you to provide a POPLA Code.[/FONT]
[FONT=&quot]
Please do read and reply to this letter and do not send a generic template letter which does not address my points [/FONT]
[FONT=&quot]
Yours faithfully

[/FONT]

zokaluse

Anyone able to help at all please?

bondy_lad

it was me who recommended the op to post on here as i know them from another forum,so can confirm what op has put is the case as i know it,all advice would be much appreciated.

bondy_lad

any offers,,,,

Lazos

Read Daisys full thread. Also, in the mitigate your loss section paragraph. I believe there is a template floating around along the lines of:

'As there is a form of ADR that you are refusing to use, I must inform you that a my expenses incurred are at £18 per hour, etc etc.'

Apologies that that is so horribly misquoted and crude, its just to give you an idea of what to look for. I'm sure CM added it to the LBCCC thread.

zokaluse

Thanks Bondy.

Lazos thank you too - I have read daisys thread and cant see any mention of that.

I think I have covered all that is needed at this stage and I am in the process of trying to contact the practice manager to see if she is willing to assist at all in getting it cleared.

I would really appreciated the nod that my letter covers the requirements for the next step so I can get it posted as time is ticking.

spacey2012

These arguments kind of fell away, the solicitor will make an apology for any errors at court and it will be game on, you and the agency solicitor.
I would put your time and effort in to building a defence, getting disclosure forms ready and forms to have witnesses brought for questioning if they submit one of the phoney statements.

zokaluse

spacey2012 wrote: »

These arguments kind of fell away, the solicitor will make an apology for any errors at court and it will be game on, you and the agency solicitor.
I would put your time and effort in to building a defence, getting disclosure forms ready and forms to have witnesses brought for questioning if they submit one of the phoney statements.

OK Thanks ... right off to look up dicolsure forms.
All I have for defence is that there is no barrier or clearly signed notice at eye level and the chemist (being visited after the community hospital next door) was closed so the vehicle reg couldn't be input to say the driver had been there allbeit on a wasted journey.

Witnesses - sorry what witnesses?

spacey2012

They stoke up some rather false witness statements about having authority to act on land they do not own, in the hope you will not pull them.

I would start with the parking pranksters guide to taking on parking eye in court.
Someone will post a link, think it is on amazon and start case building .
Fire off the PD letter, but just expect a template waffle print off.

What might be better is a "without prejudice save for costs" offer letter to have the dispute heard at ADR the choice been the ADR set up for parking disputes POPLA.
Obtain certificate of postage and keep a copy.
a district judge is far more likely to want to know why they have not first excepted your offer to dispute via a ADR.

4consumerrights

This is the letter you want post #21 by coupon
https://forums.moneysavingexpert.com/discussion/4835679

brought it back from LBCC to POPLA.

Edit: complain to who-ever engaged PE to cancel - retailer etc.

Redx

pranksters site http://www.parking-prankster.com/

https://forums.moneysavingexpert.com/discussion/4864999