Parking Eye LBCCC Staff hospital parking

Rah1969

Hi,
I've read everything on this site about how to deal with tickets & PE in particular but I need a bit of advice in addition to the great help posted on here. I've had a LBCCC from Parking Eye but have had nothing before this. On investigating I've determined that it is for parking in a staff car park when I had to attend a hospital appointment on March 4th. I was not aware it was a staff car park as the hospital in question has had extensive building works done over the past few years and changed parking and the layout substantially. I just parked where I had parked previously (years before) without realising it was staff only, plus I was going to find out if I had cancer and was a little distracted! Anyway, the LBCCC states that they sent me notification on the 11th April, which is some 35 days after the incident so as far as I am aware means they cannot pursue me for this as they are past the 15 days period that they have to sent me notification. Is this right?

I have today sent a letter stating this along with the invokation of the appeals process letter that I found on here. My concern is that, according to the PE letter I am out of time to appeal & therefore unable to use the POPLA service so my appeal is pointless.

As I only have 14 days before they take further action and they state on their website that it may take them 14 days to respond to me (I've emailed, posted & sent off the appeals form online on the website) I am concerned that any appeal I've made is not valid anyway and they are going to proceed straight to court without any further communication. I wondered therefore whether I should send them the letter from here stating that I am not the driver, just the registered keeper, in order to reset the process. I'm only holding off in case my claim that they are out of time is valid and in telling them I am not the driver, they will then pursue the 'driver' even though I could have got it stopped if I'd let things be. I hope this makes sense and sorry for the lengthy post. Hope someone can advise.

bod1467

Did you state in your "appeal" to them that this LBCCC is the first notification received by the keeper, therefore it is being treated as the Notice to Keeper and appealed accordingly? (Wording to this effect can be found in several threads here).

You cannot reset the clock without naming the driver - just saying that YOU were not the driver is not enough. However if the driver could have been somebody else (;)) then that is still an available avenue.

zzzLazyDaisy

Did you also state in your letter that they should accept the letter as a formal acknowledgement of the LBCCC and point out to them that it is defective, and that you require a properly formulated LBCCC in order for you to understand the claim against you and to formulate a response in accordance with the provisions of the Practice Direction on Pre-action Conduct (or something along those lines)?

If not, I suggest that you do that now, as you need to keep the PD ball in the air.

Rah1969

No I hadn't (I have now!). Thank you both for your help.

Coupon-mad

While waiting for PE to send you their template seven page drivel insisting they win loads of court cases (but they only refer to 2013 cases!), you should assertively complain to PALS, as discussed in the 'Successful Complaints about PPCs' sticky thread linked by Crabman in his 3rd from top sticky thread on this forum.

Rah1969

Already drafted my letter to the hospital, Coupon-Mad. Will get that off by email tonight. Thanks.