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14 Day Notice Received 16 Months After Original PCN?

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Comments

  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Well done for writing such a robust letter and seeing them off!!

    Dx
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Thanks for re-posting the link Dee140157. :)
    Umkomaas wrote: »
    I wonder in which part of the caravan at the back of the Blooming Rose pub in Leeds (UKCPS HQ) the 'legal department' sits? :rotfl:

    Given the quality of their mail-outs, I'm guessing the bathroom... ;)

    Thank you D! :)
  • Thanks for posting this which gave me hope for winning our case.

    My Son received a PCN last year for parking half on the pavement at the Coliseum Cinema complex in Elesmere Port. Having successfully ignored a similar ticket myself the year before, I advised him to do the same (wish I'd re-checked this forum as the advise had changed) and we heard nothing further until last month when we received a reminder the same as the OP.

    After re-checking the forum I therefore sent UKCP the following.

    Dear Sir/Madam,
    I wish to acknowledge the letter I received from your Collections Department on October 20th 2014. However, since this letter references impending court action, then before I can answer the letter in full, I require further information which should have been included in your previous correspondence, in accordance with The Practice Direction on Pre-action Conduct (Annex A Para 2). Your letter also failed to refer me to The Practice Direction on Pre-action Conduct (as required in Annex A Para 2 2.3(1) of the same document).
    I do not believe it is unreasonable to expect a legal department staffed by solicitors and other legal professionals who must surely draft these communications on a daily basis to be capable of supplying a document that is compliant with these directives. I am greatly concerned that a person with no training in law should need to request further information in this manner. Can you please provide an explanation as to why this demand was able to be sent with such obvious failings and can you please confirm that the letter sent to me was approved by the solicitor in charge of the legal department prior to sending? I believe it would be appropriate for you to review your policies and procedures for sending these notifications of impending county court claim and would appreciate it if you could confirm that future letters of this type are fully compliant with all appropriate sections of the Practice Direction before leaving your office.
    I have attached an extract from the Practice Direction dealing with the requirements for a Claimants Letter Before Claim for your reference.
    The ticket was issued for “Parking without a valid permit or authority”. Can you please send clear images of any signage which was in the area where the above vehicle was parked, at the time of parking on 13th Dec 2013, stating the need for a permit and/or authority to park. Also please send information regarding the relevant permit, and information on where and how to obtain the permits mentioned, as several attempts to find out from the Coliseum, Cheshire Oaks security staff and management have proven fruitless.
    I also require a full financial breakdown of costs incurred as a result of the misdemeanour detailed above, which was missing from your last letter but, according to Pre-action Conduct (Annex A Para 2 2.1(5)) should have been included.
    Furthermore I believe it would also be appropriate to consider an alternative method of dispute resolution – such as an intermediary body like POPLA, prior to starting court proceedings to avoid burdening the court with this matter. I would also like to take this opportunity to remind you of your duty to mitigate your losses and to not incur any additional, unnecessary losses. Should you refuse this invitation to use an alternative method of dispute resolution and proceed to court I will draw the courts attention to this refusal to comply with paragraph 8 of the Practice Direction concerning such alternatives.
    I would also like to draw your attention to the sanctions the court can apply for non compliance with the Practice Direction under paragraph 4 and respectfully request that you send me a fully compliant letter within 14 days of receipt of this letter.
    Please note, if you send me a generic template letter which does not address my requests for information, I shall copy the correspondence to the Solicitors Regulation Authority and ask it to investigate your breach of the Principles set out in the SRA Handbook version 8, published on 1st October 2013.
    When I have received all of the above information I will be able to respond to your letter in full.

    Yours Sincerely,


    However they've replied to say

    'Unfortunately we are unable to consider your appeal. As stated on the parking charge notice all appeals, from the Driver, must be received within the stipulated time of issue. After receiving the Notice To Keeper the Registered Keeper may appeal if they have not already appealed as the Driver. As your appeal was presented significantly late the appeals procedure has now closed and the parking charge will stand

    Your Parking Charge was issued under BPA code of practice'


    Blah Blah Blah

    What do you suggest I do now?

    Steve
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Phantom920 wrote: »

    What do you suggest I do now?

    How about starting your own thread? - You clearly agreed not to hijack other people's threads as part of your signup.

    This helps avoid confusion/being missed and gets you the best help possible.
  • Coupon-mad
    Coupon-mad Posts: 161,772 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You do need your own thread. On this forum we can't have two cases in one thread, there's a danger of getting muddled up & giving the wrong advice to the wrong person.

    Basically you wait and see what they do next, is the answer! So start that new thread when they write again. DO NOT respond further now, nor pay!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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