Civil Enforcement Ltd LBA

salmosalaris

If you were not the driver ( don't answer here )
Ist class post ,free proof of posting from post office , keep a copy

Dear CEL
Re PCN
Date xxx

I have received your letter before action and this is my initial acknowledgment .
1. I am the registered keeper of vehicle xxxxx but was not the driver during your supposed parking infraction .
As you have failed to meet the strict requirements of schedule 4 of POFA and deliver a valid notice to keeper within 14 days I cannot be held liable for this charge . I suggest you take the matter up with the driver who I am under no obligation to name . My refusal to do so does not alter the fact that I am not liable . I require you to explain how you think I am .
2.I require you to explain how the sum now being demanded is different to your original demand and how this far exceeded your trade association's maximum prescribed by their code of practice to which you were required to adhere .Please provide evidence of how these damages were calculated .
3. I require you to justify the £40 of costs in addition to the new sum of £85 being claimed .
4. Please direct me to information to identify the body described within your draft particulars of claim as the British Parking Authority . I am unaware of such a body .
5. Please provide an unredacted copy of the contract with the landowner that gives you the authority to both issue parking charges and litigate in your own name .
6. To keep costs from escalating for all parties I suggest you issue me with a POPLA code so that we utilise the services of an industry specific ADR process . There is no reason that you cannot do this .

I await your response to the above points in this acknowledment which I expect within 14 days. I will then provide you with my full and final reply as required by the Practice Direction on pre action conduct and I would wish to remind you of your duties under it

Yours

If you cannot say you were not the driver leave out point 1.

Ruthieroo77

This is great. Thank you salmosalaris!

N4D5

salmosalaris wrote: »

If you were not the driver ( don't answer here )
Ist class post ,free proof of posting from post office , keep a copy

Dear CEL
Re PCN
Date xxx

I have received your letter before action and this is my initial acknowledgment .
1. I am the registered keeper of vehicle xxxxx but was not the driver during your supposed parking infraction .
As you have failed to meet the strict requirements of schedule 4 of POFA and deliver a valid notice to keeper within 14 days I cannot be held liable for this charge . I suggest you take the matter up with the driver who I am under no obligation to name . My refusal to do so does not alter the fact that I am not liable . I require you to explain how you think I am .
2.I require you to explain how the sum now being demanded is different to your original demand and how this far exceeded your trade association's maximum prescribed by their code of practice to which you were required to adhere .Please provide evidence of how these damages were calculated .
3. I require you to justify the £40 of costs in addition to the new sum of £85 being claimed .
4. Please direct me to information to identify the body described within your draft particulars of claim as the British Parking Authority . I am unaware of such a body .
5. Please provide an unredacted copy of the contract with the landowner that gives you the authority to both issue parking charges and litigate in your own name .
6. To keep costs from escalating for all parties I suggest you issue me with a POPLA code so that we utilise the services of an industry specific ADR process . There is no reason that you cannot do this .

I await your response to the above points in this acknowledment which I expect within 14 days. I will then provide you with my full and final reply as required by the Practice Direction on pre action conduct and I would wish to remind you of your duties under it

Yours

If you cannot say you were not the driver leave out point 1.

Hi,
Here's my post https://forums.moneysavingexpert.com/discussion/5375768 regarding the exact same letter, i have used a slightly different template, however as i wasn't the driver I'm leaning more towards this as it seems simpler.

Which letter would be better?

Thanks

Ruthieroo77

UPDATE:

I used the template that salmosalaris suggested, and sent it back (with proof of postage) around mid December, asking for all the info within 14 days.

There's been radio silence ever since. This doesn't necessarily mean they have gone away for good, of course, but if nothing else, they haven't sent the required information in time, and are flouting the Practice Direction guidelines.

I am, however, hoping that their non-compiance with POFA 2012 in sending the NTK late may stop them pursuing this any further.

At the moment, no news is good news.

Thanks for the assistance from everyone.