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Private land pcn issued
jackslipper-50
Posts: 5 Forumite
Hi I hope you can help,
A pcn letter was received by the owner, it said that an issued ticket had not been paid, so now escalated to £100. This is the first the owner knew about the matter.
The driver had been invited to park in one of 3 designated spaces for the use of workmen, pick up, drop off area. The manager of those spaces issued a valid permit which was clearly visible through the front windscreen.
The escalated pcn letter only showed a picture of the rear of the vehicle. There was no pictoral evidence of either the permit or the pcn supposedly issued.
I followed your suggested procedure, sending the "older" copy and paste letter on the newbies site, when I noticed you had changed the letter, I sent that 10 days later also. I included the points, no pcn left on car, valid permit in windscreen permission to park.
This is their response, I am sure it is not legal as they are foregoing their own body's due process.
LETTER BEFORE ACTION
"We do not know both the name of the driver and a current address for service for the driver. We write further to our notice to keeper letter advising you as the registered keeper of the vehicle you have now become liable for a contractual breach charge.
You as the registered keeper had the option of either paying the amount due within 28 days of our notice or notifying us of the identity of the driver.
You failed to do either and as a result we are now entitled to contractual damages from you as registered keeper.
The sum of £100 to which the charge related to is now due from you and is to be paid within 28 days of the date of this letter.
We have to inform you that if we do not receive payment from you within 28 days of this letter, we will issue court proceedings in respect of the outstanding amount and please be advised that failure to comply with the Practice Direction of Pre-Action Conduct within the Civil Procedure Rules may result in further legal costs being sought against you".
We look forward to hearing from you as a matter of urgency.
Pre-Court Preparations Department.
Please could one of you experts help me in this matter, they have made no mention of a validation code for me to escalate the appeal to POPLA, I thought this was the next step.
Many thanks in advance. 28 days from date of letter is 25th Nov, so I haven't got long.
A pcn letter was received by the owner, it said that an issued ticket had not been paid, so now escalated to £100. This is the first the owner knew about the matter.
The driver had been invited to park in one of 3 designated spaces for the use of workmen, pick up, drop off area. The manager of those spaces issued a valid permit which was clearly visible through the front windscreen.
The escalated pcn letter only showed a picture of the rear of the vehicle. There was no pictoral evidence of either the permit or the pcn supposedly issued.
I followed your suggested procedure, sending the "older" copy and paste letter on the newbies site, when I noticed you had changed the letter, I sent that 10 days later also. I included the points, no pcn left on car, valid permit in windscreen permission to park.
This is their response, I am sure it is not legal as they are foregoing their own body's due process.
LETTER BEFORE ACTION
"We do not know both the name of the driver and a current address for service for the driver. We write further to our notice to keeper letter advising you as the registered keeper of the vehicle you have now become liable for a contractual breach charge.
You as the registered keeper had the option of either paying the amount due within 28 days of our notice or notifying us of the identity of the driver.
You failed to do either and as a result we are now entitled to contractual damages from you as registered keeper.
The sum of £100 to which the charge related to is now due from you and is to be paid within 28 days of the date of this letter.
We have to inform you that if we do not receive payment from you within 28 days of this letter, we will issue court proceedings in respect of the outstanding amount and please be advised that failure to comply with the Practice Direction of Pre-Action Conduct within the Civil Procedure Rules may result in further legal costs being sought against you".
We look forward to hearing from you as a matter of urgency.
Pre-Court Preparations Department.
Please could one of you experts help me in this matter, they have made no mention of a validation code for me to escalate the appeal to POPLA, I thought this was the next step.
Many thanks in advance. 28 days from date of letter is 25th Nov, so I haven't got long.
0
Comments
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We need a bit more detail about who the PPC is. Timeline of events.
You also need to read the forum advice on dealing with LBAs (aka LBCCC) - so read here:
https://forums.moneysavingexpert.com/discussion/4896178
Their letter is a joke of a LBA/LBCCC. You need to hit back hard with lazyDaisy's suggested response - as in the above link.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street0
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