Letter before County Court Claim?

TMP1969

Good morning,
I hope everyone is well?
In the past, this forum and users were extremely helpful in offering advice for two PCNs issued to my husband over two years ago. We followed the advice and the company and debt collectors went away, (I updated MSE), so thank you for that.


However, husband received another PCN (ParkingEye) as registered keeper about 'overstaying welcome' mid October. We didn't re-check on MSE so have ignored all letters. A Letter before CC Claim has been received, giving 14 days to pay £100 or 'further action will be taken and court proceedings will be issued.' It also cites Schedule 4 of the PoFA 2012. I thought I would come back to MSE and have another read...and I am glad I did as the advice has changed. I have read and re-read the Newbie stickie and also the link to what I thought was a template for a Letter before CC Claim, but seems to be relevant to the landowner, not the registered keeper - is that right?


Can we still challenge this PCN using the template in the Newbie stickie? Many thanks and sorry if I have missed something glaringly obvious in that thread.:(

Guys_Dad

You have missed the chance for POPLA, I fear. (As you will probably know). You can appeal to PE, but don't count on a favourable Christmas present and they are the most litigious of the PPCs, so I don't see this as an empty threat.

Make sure that you assemble a decent skeleton case for court and watch out for Northampton Court papers.

And read up on what a proper LBCC must contain as theirs will most probably be deficient.

Finally, get some coffee and search through the forum for other threads on PE and court. There are lots !

TMP1969

Thank you Guys Dad and yes, as I thought. Ahh well, thats a job for this afternoon then after the football match, the xmas decs, the wrapping and food shopping...........bloody husband, wish he would be more careful!!

Castle

If the registered keeper was not the Driver there may still be time to reset the process; something to think about.

TMP1969

OK, I have been reading through a thread hosted by Crabman and written by zzzLazyDaisy (thank you both) and I am preparing my letter of acknowledgement to ask for a compliant LBCCC. Whilst checking off details, I noticed that the address of the alleged offence is incorrect - different town. This surely makes the PCN null and void??

hoohoo

This means they cannot claim keeper liability - so do not say who the driver is.

Point this out in your reply to the letter before claim

Coupon-mad

TMP1969 wrote: »

OK, I have been reading through a thread hosted by Crabman and written by zzzLazyDaisy (thank you both) and I am preparing my letter of acknowledgement to ask for a compliant LBCCC. Whilst checking off details, I noticed that the address of the alleged offence is incorrect - different town. This surely makes the PCN null and void??

You merely mean the LBCCC has it wrong, not that the NTK had the address wrong? That doesn't mean there is no keeper liability as the LBCCC is not an inherent prescribed document in the POFA.

I so hope you have noticed what Castle said - because the keeper naming someone else as the driver, gets this whole thing rewound, away from court and back to a fresh PCN, back to easy/winnable appeal stage. THINK HARD ABOUT WHICH OF YOU WAS DRIVING. THEN THINK A BIT HARDER.

TMP1969

Upon researching the retail park (to find out who owns the land), even though locally it is known as being in "this town" the internet lists the address as the one stated on the PCN - so I cant challenge that aspect of it.

I have been reading again today and I can challenge the POPLA route as there is no defined timeline within the BPA Code of Practice? Should I also put this in my letter of acknowledgement or should I just say I was driving?

The trouble is, it was so long ago that he cant remember what he brought there, let alone keeping any receipts or even how long he outstayed his welcome......we threw all the letters away!

Any help gratefully received.....thank you.

Half_way

Upon researching the retail park (to find out who owns the land), even though locally it is known as being in "this town" the internet lists the address as the one stated on the PCN - so I cant challenge that aspect of it.

But you can strongly complain to the land owner, and tell them that theys hould/must call off their agents parking eye. If doing this you must only do it in parallel to dealing with parking eye.

As for stuff bought there, if you have paid by card you should be able to get a statement, if you bank online this will be easy.

As for just what your dealing with, this is how parking eye treat hospital pateints
http://parking-prankster.blogspot.co.uk/2014/11/parkingeye-sue-parent-of-seriously-ill.html

Herzlos

If you say he was driving (assuming you're the registered keeper), they have to start again by contacting him, and you will be within the time frame to appeal to PoPLA and get it cancelled there. At least that's how I understand it.

Of course, you can always request they use the independent appeals service (PoPLA) before it goes to court. They'll most likely reject it but it'll make you look more reasonable.

TMP1969

He is the registered keeper and was driving. He buys everything in cash so there will be no record through the bank, sadly.

Read the blogspot.......nice company!!

So, now I'm confused......do I now admit that I was driving to go down the POPLA route (even though we have no shopping receipts) or do I send the letter of acknowledgement requesting all the correct documentation relating to Annex A?

Thank you.