Cancellation by landowner: time scales?

steampunkmimi

Hello. I'm relatively new here (read lots, but never needed to seek advice before), so please bear with me if I get a few acronyms a bit wrong. I gather that advice on these PCNs has changed, but I've read the newbie threads, and I think I've got it right so far, but wanted to check, as my head is whirling a bit.

I've received a LBCCC from an apparently litigious PC (PE) this morning. It's the first I've heard from them, so I spoke with the shop manager, and just received an e-mail confirming that a cancellation has been raised. Just wondering now, do I need to contact PE as well, or will that do?

ColliesCarer

Who have you received the email from? The shop manager or PE?

If only the shop manager at this point - you need to ensure you get confirmation from PE - so would suggest you send them a letter (including a copy of the shop's email) saying you understand this charge has now been cancelled and requesting their confirmation by return. Send 1st class with free certificate of posting from Post Office.
You may need to be persistent - take a look at this thread by OP Playgoer

https://forums.moneysavingexpert.com/discussion/4917609

Also gen up on how to deal with an LBCCC by taking a look at the link in Crabman's sticky thread (2nd thread on main page of forum - but also linked below) - follow the LBCCC fightback link.

The LBCCC must be acknowledged within 14 days otherwise they can start court action against you - so If you haven't got confirmation from PE that it's been cancelled make sure you respond to the LBCCC before the 14 days are up.

Send the letter by zzzlazydaisy (post #3 of the LBCCC fightback thread) acknowledging receipt and requesting a compliant LBCCC - but keep on plugging away at getting their confirmation this has been cancelled too.

https://forums.moneysavingexpert.com/discussion/4896178

steampunkmimi

The shop manager has confirmed they're raising the cancellation. SM also said that if I hear any more from PE, I should contact SM, and they will chase up the cancellation.

I take it I'd be better advised to contact PE and advise them that SM has raised the cancellation, and require their confirmation of cancellation by return, and in writing? I was shocked, but not surprised to realise that the LBCCC is dated 9 days ago... it didn't even arrive until today's post, leaving me very little time to reply to it, given the lack of postal service over the Bank Holiday. I just checked, and at the bottom of the letter, it says "within 14 days". That seems very vague, and unfair if they're sending their letters out by the slowest means possible anyway...

Thanks for the speedy reply above, much appreciated.

Redx

send the LBCCC fightback letter anyway, but also tell them you have raised the issue with this landowner, that the landowner is cancelling the charge with them, and you require confirmation in writing that the pcn is now cancelled

so basically, do both in one hit

trisontana

Be warned that PE sometimes pull the old trick of demanding £50 "expenses" even though the landowner has told them to cancel the PCN.

ColliesCarer

These things can take a while to get confirmed.

I'm not saying the shop won't be successful in getting it cancelled but it's PE you need confirmation from not the shop as they are the ones trying to make a claim from you.

The LBCCC is the first stage in a formal process that leads to County Court action and you need to ensure it gets acknowledged in case anything goes wrong or gets delayed regarding the promised cancellation.

steampunkmimi

RedX, CC: that makes perfect sense, and is something I'd normally do anyway. I'm just a bit disconcerted that they've sent this thing out, it's taken 9 days to get here, I've never heard a peep from them before now, and it's not clear from their timescales just how long I have to sort this out. Not very, apparently.

Redx

these cases tend to be from 2013 although they have speeded things up this year if people ignore them (or dont respond to so called sent out letters - many never arrive so they have a severe postal problem , unless they are being devious ) lol

theie LBCC letter, when sent out correctly (which they never are), will have the details on it

ColliesCarer

Don't worry - just advising you cover all bases.

Modify the letter below adding in about the shop's cancellation and get a letter sent for the PCN on Tuesday from the post office - getting a free certificate of posting

zzzLazyDaisy wrote: »

ParkingEye Ltd
Legal Department

Address

Date

For the personal attention of Rachel Ledson (Supervising Solicitor)

Dear Ms Ledson

ParkingEye Ltd v [Name]
Proposed Legal Proceedings


Thank you for your letter of [insert date].

First, the alleged debt is disputed and any court proceedings will be vigorously defended.

Secondly, despite the wholly inaccurate statement that the letter is 'fully compliant with the Practice Direction' it is in fact woefully defective and appears to be a deliberate attempt to mislead the recipient.

Please therefore provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct:

http://www.justice.gov.uk/courts/pro...action_conduct

I confirm that I shall then seek advice and submit a formal Response within 30 days of receipt, as required by the Practice Direction.

Please ensure that someone does actually read and respond to this letter, providing the specific information relating to the county court claim that your client intends to make against myself as the defendant to the proposed legal proceedings. Please DO NOT send a generic FAQ letter in reply as to do so does not meet the requirements of the Practice Direction and will take this matter no further forward.

Please note, a refusal to comply with the Practice Direction will result in an immediate referral to the Solicitors Regulation Authority for breach of the Principles contained in the SRA Handbook version 8, published on 1st October 2013.

I trust this will not be necessary, and look forward to receiving a fully compliant letter before claim in due course.

Yours faithfully

PRINT NAME (sign with a squiggle.)

steampunkmimi

The LBCCC doesn't help. It says 14 days, but doesn't stipulate whether those are working days, days from receipt of the letter, or days from whenever it was written. All would give a different final date.

Redx

I was talking about an actual LBC that conforms to the correct procedures, not the drivel they send out which doesnt conform to anything at all !!