Parking Eye LBCCC Help required

zokaluse

Just spoken to Practice Manager and she is emailing them to get it waived and said I should receive a letter confirming this.
Fingers crossed she does & they do as I'm panicking about time now.

Thanks peeps for your assitance.

SevenTowers

zokaluse wrote: »

Just spoken to Practice Manager and she is emailing them to get it waived and said I should receive a letter confirming this.
Fingers crossed she does & they do as I'm panicking about time now.

Thanks peeps for your assitance.

Great, make sure you get copied on the email, or at least get a hard copy.

zzzLazyDaisy

zokaluse wrote: »

Just spoken to Practice Manager and she is emailing them to get it waived and said I should receive a letter confirming this.
Fingers crossed she does & they do as I'm panicking about time now.

Thanks peeps for your assitance.

That's great - good luck and hope you get it cancelled quickly.

But in the meantime, please don't ignore the LBCCC.

If you fail to acknowledge or reply to it within 14 days, they can proceed directly to court AND the court is entitled to draw the conclusion that you had no objection to the form of the LBCCC, which limits your avenues for argument should you find yourself in court. More importantly, it remains my view that the best approach is to do what you can to stay out of court. There have been cases where the landowner has instructed PE to cancel the charge but PE has refused to do so without payment of an administration fee, and proceeded regardless, so don't take your eye off the ball.

So, in order to hold the situation, I suggest that you send a 'holding letter' along the following lines:

---

Parking Eye Ltd
PO Box 565
Chorley
PR6 6HT

28th January 2014

YOUR REFERENCE: xxxxxxxxxxxxxx

Re: LETTER BEFORE COUNTY COURT CLAIM ('LBCCC') dated 23rd January 2014


Dear Sirs,

This letter is sent by way of Acknowledgement of the letter of the LBCCC referred to above.

Following discussions with the landowner, I am informed that the charge has now been cancelled. Please therefore check your records and send formal confirmation of cancellation, together with confirmation that no further steps will be taken with regard to the threat of court action contained in your letter, by return.

Finally, and for the avoidance of doubt, I do not accept that the LBCCC complies with the Practice Direction on Pre-Action Conduct. Nor do I accept your misleading statements concerning the time restrictions regarding access to POPLA (the 'suitable form of ADR') set up by the parking industry. I would ask you to note that, had this matter not been settled to my satisfaction, I would have raised serious concerns with the court and the SRA regarding your company's disregard of court protocol.

I look forward to hearing from you by return, in order that I may close my file on this matter.

Yours faithfully

---

This will buy you time, so the landowner can get the charge cancelled (don't assume that the person dealing with the landowner instruction to cancel actually talks to the person with his/her finger hovering over the button to start small claims court proceedings!)

Daisy