a new LBCCC letter from parking eye

goldneye

Some advice please. I (naïvely) ignored my parking charge after inadvertently reading old advice and now received an LBCCC from parking eye. I have read the newbie thread and the advice thread from lazydaisy. I have now sent a letter as advised that it does not follow PD within the 14 days but my letter contains extra information not included in lazydaisy's original example. I just want reassurance that their letter was still wrong or if they have now corrected it. The letter is exact word for word but they have included 3 additions to page 2 to their letter which I shall copy the text in this message. Is this PE realising their letters are wrong?

On page 2, point 1 it has added:
In particular, please be aware of CPR 17.1. If legal action is taken, either payment of the full claim amount or a defence to the claim should be made. Once the defence and reply are submitted, the claim will be allocated to a county court, and a witness statement and documents should be submitted. We would remind the defending that if they wish to anent their defence, they should submit an N244 form, and pay the relevant fee. Once permission to amend the defence has been granted, this new defence should be submitted both to the claimant and court. The claimant will then reply to this amended defence. We would request that any amendments to the defence are made on good time, so as to slow the claimant to respond fully prior to the filling and serving of witness statements and documents. Further defence points should not be raised in the either statement.

Under point 2, they have added:
Should this letter be ignored, and legal action taken, further costs will be incurred. However, Parking Eye will remain open to Alternate Disputes Resolution, and suggests that this takes pace directly between the two parties on a without prejudice basis. Please put this in writing to the address listed on the front of this letter and ensure such correspondence is clearly marked 'without prejudice'.

Under point 4 they have amended their wording from list of possible documents to "the essential documents will be..."

Is some of this just to sound official? There is so much advice and it's quite overwhelming. I also have a big complaint with npower as well and it is time costuming trying to stayon top of it all. Apologies if all this has been said before.

I have tried speaking to the retailer but they said they can't help as it is not their land. I also have a second charge as my husband parked there 2 weeks later thinking that because we hadn't received a charge from me (it arrived the next day after he parked there!). I have now informed them (we had ignored it also) it was him driving (in my car!) and we'll appeal his.

Thanks for reading, any advice or reassurance most welcome.

hoohoo

Point 1. Technically correct but in the small claims anything goes if the judge agrees.

At least get all your points in the defence you file. You can then *expand* on these using a skeleton defence filed along with your witness statement usually 14 days before the hearing, but you cannot *add* new defence points

Point 2. Use 'without prejudice' if you dont want the letter shown to the judge. If you do want to show it, dont state this. If you want to show it after the case is held, use without prejudice subject to costs.

PE dont actually incur the £50 solicitor costs so getting that knocked off is a no brainer. Otherwise, people have got them to settle from £10 to £125.

Point 4 is now the list they usually file.

Their 'costs' explanation is still pants, of course.

Write back and ask them to use POPLA to settle as this will cap their costs at £27. State you will strongly oppose any costs above this.

Suggest that otherwise to save costs both parties wait until the Beavis appeal is heard.

Fruitcake

I believe it is not too late to name the driver, assuming that it wasn't the keeper, thus resetting the clock. As far as I am aware this can be done as long as it is before court papers are issued, so before LBCC should be appropriate.

You will need to check what I have said is fact whilst you also try to remember who was actually driving, but of course nobody is suggesting that you lie.

goldneye

Some advice please. I have read in great depth as much information on the sticky threads as my brain can handle(!) and I have read mainly couponmad and lazydaisy's threads and used their advice so far. When i first received the PCN, i initially ignored the 2 (separate) PCNs as old threads came up when i first googled it (regrettably) so now i'm at LBCCC with PCN 1 and i have reset the clock with PCN 2 by naming the driver (my husband).

My query is the first PCN arrived on the 15th day. I have read that according to PoFA 2012 it says you are to be notified by the 14 day but you have to prove it if you haven't. I parked on 10/10/14 and misread the sign (it did not say hourly rates were applicable 24 hours and then specified all day and all night rate, plus it was dark and pouring with rain). on the 24/10/14, my husband naively parked in the same carpark for just 19 minutes to collect a takeaway without getting a valid ticket. the reason was because we had not received a fine for me and therefore thought the matter was over with. my PCN then arrived on 25/10 which was a saturday and the day after my husband had parked, so we realised then we would receive a second PCN for him.

All the advice states do not accept liability but my husband would not have used that car park had i received a fine. the issue date on the letter is 16/10 but there is no post mark on any of their envelopes. we hardly use the carpark and unfortunately were not patrons of the business who owns the land. I have however spoke to the takeaway place today who said they may be able to help. (the first business fobbed me off hence i have not tried so far with business for PCN number 2).

I have received an LBCCC for PCN 1 and followed lazydaisy advise to write saying it does not follow PD. i have received another letter (not acknowledging my first) and am about to send the second letter lazydaisy advises still asking for PD compliant letter and a POPLa code (i must send some acknowledgment this week). or do i tell them it wasn't received within 14 days but how do i prove it unless i admit we parked there again without paying?

Do i still send an appeal for PCN 2 and what is best to include in this instance? If i am successful in speaking to the owner, do i tell them the whole story of receiving both or try to cancel just one?

Sorry this is long winded and yes i have read and read and read as many threads as possible but need some personalised advice. Many thanks in advance for reading and helping!

Coupon-mad

First things first, this needs merging if it's about the same issue:

https://forums.moneysavingexpert.com/discussion/5135483

Please ask Crabman to merge your threads, it doesn't help to start new ones here. It makes things so much harder to follow and advise on.

goldneye

yes couponmad, it does refer to the same 2 PCNs. I didn't know how to find my old thread. how do i ask crabman to merge them? and i have read your sticky thread many times-it's been very informative

Coupon-mad

You find you own threads by clicking on your username (easy when you know how). You also click on Crabman's username to send him a pm (and his name appears as a top sticky thread starter).

Crabman

Threads have been merged

goldneye

Thank you crabman. Now my threads are together is there someone that give me some advice relating to my latest post please? I'm going to speak to the land owner tomorrow. I've heard from someone else that they've negotiated a settlement figure of about £30. However if I'm not successful, how do I prove it was past the 14 day rule as per my last post?
Thanks in advance