LBCCC question

Picklespunkie

Hi I’ve had a LBCCC after sending the initial response template to PE. I don’t really want to disclose the drivers details if I don’t have to. I’ve had a look at some of the replies posted on here but it all goes over my head a bit. The ticket was issued after my BF stopped at the Membury services on the M4, he used the KFC and then had a nap overstaying his permitted time allowed by 30 mins. I was just wondering what was my next step, do I use one of the response templates on here, will it need tweeking before sending?
Also at the time this happened the van was registered to a limited company that we no longer have trading, would we still be liable ?
Many thanks in advance for any help.

Coupon-mad

Seriously I would name the driver because the driver then wins! Why not name your bf but give the 'address for service' as your own address so in fact you get the PCN they will send to him (it is allowed you know, an address for service is ANY address where that person can be contacted). Especially if you are better at dealing with letters than he is - it will be a matter of a 2 stage appeal and you (he) will win!

The alternative is they will try to take the registered keeper to court and it could get messy even though it's a non-trading firm now.

I know which route out I would choose! The letter to use is linked I think, in the NEWBIES thread under the bit about resetting the clock if too late to appeal.

Nodding_Donkey

When you say after sending the initial response template to PE do you mean an appeal?

bod1467

Nodding_Donkey wrote: »

When you say after sending the initial response template to PE do you mean an appeal?

I was wondering the same. If the OP has already appealed, why did PE ignore it?

OP - how did you appeal? By post? Email? If by post, did you get a certificate of posting from the PO?

Picklespunkie

Thanks for your comments, I responded by mail, recorded delivery with the template in the newbies sticky
Dear {company name of this member of ''PPC World''},

PCN number xxxxxxx
As the registered keeper, I have received your parking invoice which of course, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with your ATA Code of Practice and was not sufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

Etc…
Then received the LBCCC letter in reply?
I thought I had read somewhere that it was advised not to disclose the drivers details as the registered keeper had a better chance of winning?
Many thanks
Taya

Coupon-mad

You mean you appealed far too late?

Please read the NEWBIES thread about resetting the clock if 'too late to appeal' which it sounds as if you were. It explains that this will get the case back to a stage where it is NOT too late, for the driver to appeal instead. Far better than the keeper being sued.

zzzLazyDaisy

Picklespunkie wrote: »

Hi I’ve had a LBCCC after sending the initial response template to PE. I don’t really want to disclose the drivers details if I don’t have to.

As Coupon-mad says, you have appealed too late. In that situation the best thing you can do is to identify the driver. The driver will then get a Notice to Driver, and can then appeal in his own name - first to PE and then to POPLA.

The newbies sticky tells you what to do, but to help you have a look at Ordinary Joe's thread which concerns exactly the same situation as yours (and is also linked to in the newbies thread)

https://forums.moneysavingexpert.com/discussion/4760300

You will be able to follow the steps that Ordinary Joe took to get PE off his back (and that of his daughter who was the driver), and also letters to send to PE.

Note, when you get to preparing an appeal to POPLA you must refer back to the 'Newbies' thread, as time has moved on since OJ posted his thread, and the advised wording for the POPLA appeal has been tightened up since then.