PE question about 14 day limit

Pilgrim_22

I have read the Newbies threads and sent a rejection letter to Parking Eye but it was 5 days after the '14 days to avoid further action' limit in there letter.

2 days after sending the rejection letter I have recieved 'letter before County Court Claim'.

What are my options now?

Any help greatfully received.

ColliesCarer

We need more information to help.
Please clarify what the letter was that you sent a rejection to - and provide a timeline of the history of correspondence to/from PE

Also have a read of the LBCCC fightback thread linked in Crabman's sticky thread "The Parking Tickets Board Sticky"

Pilgrim_22

Thanks for the reply CC

Mid May received first letter aledging parking infringment etc. ( i cant find this letter now)

19 June received letter asking for £100 as the registered keeper giving 14 days to pay.

6 July sent rejection letter as per template in the Newbies thread.

9th July Received Letter before County Court Claim.

Thanks in advance

Redx

so too late to appeal then, should have been done within 28 days of the NTK arriving , so before the 2nd letter a month ago

the 2nd letter was "pay up , or else"

read the LBCCC fightback thread in the crabman sticky thread, as you are now at LBCCC stage and no longer at appeal stage

Pilgrim_22

Thanks for the reply Redx,

As I now understand after more reading, I could name the driver and start the whole process off again? Is this a sensible thing to do? The driver is more than willing to take up the fight but will doing this damage our case?

Redx

I dont see any other choice actually, all the ignoring up until the 6th july has damaged the RK case

when the driver gets the postal NTD , they need to appeal it within 28 days, online preferably, then take it to popla on legal grounds, but not using POFA 2012 as it wont apply

so as RK name the driver and absolve yourself under pofa2012 , then start the process again , correctly this time, where the driver deals with it as per the newbies sticky thread , keeping to the time constraints

Pilgrim_22

Sorry to resurrect this thread but a new development has occurred.

I named the driver, a friend, the NTD was received in July and he sent a letter appealing the NTD in July 2015. In September a letter acknowledging the appeal of the NTD was received stating "We are reviewing this matter and will contact you shortly"

No other correspondence until today when he has recieved a LBCCC with 14 days to pay.


Any advice greatly appreciated.

bod1467

Is it REALLY a proper LBCCC? Who is it from?

dazster

He needs to complain to the BPA that he received no decision on his appeal (which he knows they received because of the acknowledgement) and no PoPLA code.

Give that he's received an LBC it's probably advisable also to reply to PE pointing out that they are in breach of the BPA Code of Practice by failing to give a decision on his appeal, and he has been denied his opportunity to appeal to PoPLA - things he will be sure to draw to the court's attention should PE be foolish enough to issue a claim.

Pilgrim_22

Hi Bod,
Thank you for your help.
Its from Parking eye, its not from a court.

My friend had no opportunity to use a popla appeal, its been 7 months since they were in contact.

Regards

Pilgrim_22

Hi Dazster,

Thanks for your help.
We will write to BPA and PE. and explain the position. should we make referance to the 7 month delay also?