PCN from LLP Ltd

ambedont

Hi all, just hoping for some advice on a letter to LPP that I have drafted for a PCN I got for parking in my own space. It is a car park for hospital accomodation where I am staying whilst I work here.

I have read the advice and newbie posts which were all incredibly helpful in helping me understand a little bit about this and to draft this letter, but I would really appreciate any additional feedback.

A number of other people have recently got tickets and LPP have been quite aggressive with those who have appealed, so I didn't think a 'soft' approach would work with my draft but happy to be corrected.

I'm not allowed to post links, so I have copied my draft letter below:

11/02/2016
Parking Charge Notice - Notice to Driver [ref]

Dear Sir/Madam,

This letter is a formal challenge to the issue of your Parking Charge Notice - Notice to Driver as set out in the current BPA Ltd AOS Code of Practice (CoP) B.22.

On 02/02/16 I was the registered keeper of a [car+reg].

Before I decide how to deal with your Parking Charge Notice (PCN) - Notice to Driver (NtD), I should be grateful if you would first answer all the questions and deal with all the issues I have set out below. Once you have done so, I will be able to make an informed decision on how I deal with the matter.


1. Your parking charge amount claim.

Please explain on which grounds your claim is based:

(i) Damages for trespass
(ii) Damages for breach of contract
(iii) A contractual sum

2. Ownership of premises.

Please inform me of who owns the car park as I wish to contact them about this matter.

3. Contractual Authority (as required by BPA Ltd AOS CoP B.7)

Please provide me with a copy of the contract between your company and the landowner/landholder that provides the necessary contractual written authority for the issue and enforcement of your PCN - NtD.

4. Your status – the creditor.

Your PCN – NtD simply mentions LPP Ltd. Please tell me who is the actual creditor making this £100 parking charge demand. I need to know exactly who is making the claim and in what capacity.

5. Signage.

If it is your case that a contract has been breached or that a contractual sum is now due, please send me photographs of the signs that you display and upon which you seek to evidence that a lawful and legally enforceable contract was been entered into. Please ensure that the photographs show the terms and conditions in a clear and legible manner, including in dark conditions. Please provide me with a diagram showing the locations and layout of those signs at the car park. Also provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to a driver at the car park’s entry point.

6. Your loss.

If it is your case that that a trespass was committed or that a contract was breached such that your claim is one for damages; please give me a full breakdown of the actual losses which evidences that this parking charge is a true reflection of the damages caused solely by the alleged parking contravention.

7. Schedule 4 paragraph 7 of the Protection of Freedoms Act

This stipulates the mandatory set of information that must be included on the parking ticket. If all of this information is not present then the Notice to Driver is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver. In line with this requirement, please inform me where in the Notice to Driver the “period of parking to which the notice relates” is specified.

8. Please provide me with the photographs and all other evidence you hold, of the actual alleged parking contravention (in accordance with BPA AOS CoP B.22.3)

9. In order to resolve the dispute, I attach copies of
I. Valid Parking Permit for the appropriate bay
II. Photographic evidence of inadequate signage
III. Email evidence of previous complaints to LPP Ltd. about vehicles occupying my bay

10. Summary

As per BPA AOS CoP 22.6 and your NtD, processing of the charge must stop immediately on receipt of this challenge.

I look forward to receiving your acknowledgement within 14 days and as there are no ‘exceptional circumstances’, your comprehensive reply within 35 days (in accordance with the BPA AOS CoP B.22.8). I will then be able to make an informed decision as to how I deal with your PCN - NtD.

I expect this Parking Charge Notice to be cancelled forthwith if you cannot or will not substantiate it with all the above information and/or once my evidence is taken into consideration.

If you fail to provide all the requested information - and any other information required by me at a later stage in this challenge process - then you fail to allow me to make an informed decision as the registered keeper of this vehicle. This failure and any breaches of the BPA CoP will be formally reported where appropriate.

If you reject this challenge, in accordance with the BPA AOS CoP 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer the matter for their decision.

Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.

Yours Faithfully,

I had a couple of specific questions:
1) Should I provide photographic evidence of their inadequate signage or wait for them to before using my photographs to argue it is inadequate in dark conditions?
2) Should I provide evidence of my complaints about people parked in my bay space for which I have photographic evidence?
3) They do not have my actual home address or even my address within this accommodation, and I feel uneasy about just giving them my information although they state it must be included in their NtD. I will only be in this accommodation for two more weeks so I wanted to ask which address would be best to give?

Any other feedback would be hugely appreciated.

Many thanks in advance!

pappa_golf

who is LLP ? full name of company , link to the website and/or their address please

ambedont

Apologies. LPP – Local Permit Parking Limited. Can't post links but website is lpp-parking.co.uk

pappa_golf

http://www.lpp-parking.co.uk/




https://bmpa.zendesk.com/hc/en-us/articles/203754241-LPP-Local-Permit-Parking-Ltd


Suspended by the DVLA from 06/02/15 to 08/04/2015. Reappeared on the BPA list in mid-December after being missing for a month or so.

Recommend you check with the DVLA about how they might have accessed your details.


http://www.bmpa.eu/companydata/Local_Permit_Parking.html


read the newbies section , note the date suggested that you contact them , use the template shown IN THE NEWBIES THREAD, do not alter or amend it , send it on the date suggested

Coupon-mad

I don't like the letter in post #1 which is a really ancient version. Don't send that drivel, it's not even an appeal and is out of date.

ambedont

Ok thank you. I will use the template in the newbies thread to make an appeal. Would you recommend I send my evidence (photo of my permit, photo of inadequate signage and cars parked in my bay along with the email I sent to complain about it)? And should I inquire about their NtD which I don't believe includes all of the information required in the PoFA?

Fruitcake

ambedont wrote: »

Ok thank you. I will use the template in the newbies thread to make an appeal. Would you recommend I send my evidence (photo of my permit, photo of inadequate signage and cars parked in my bay along with the email I sent to complain about it)? And should I inquire about their NtD which I don't believe includes all of the information required in the PoFA?

As already advised by other posters, don't add anything to the BPA template. Save your ammo for PoPLA. If you add anything to the template you run the risk of inadvertently revealing who was driving. Don't send the appeal too early either as you have stated you are at the NTD stage. The NEWBIES thread tells you when and how to send the appeal.

Marktheshark

Add to any appeal point 1
Superseded of contract.
That the contract you hold with the authority giving you right to park upon their land supersedes any contract imposed by the parking firm.

ambedont

Thank you. I think I was hoping that if I present a strong case to LPP they might give up before it gets to PoPLA but I'm guessing that has negligible to no chance?

Marktheshark

What permission to park do you have and from who.

pappa_golf

LPP , just want money , they have no conscience !! , think about it , they were not exactly parking Co of the year were they ! in fact they were so underhand the DVLA stopped their access to details


send the template letter ONLY , do not go adding things , they will realise you are getting forum assistance and will either move on to a softer target , or make a !!!! up or decide not to fight at POPLa , coz they are wrong.


send the letter by 1st class with free proof of posting NOT RECORDED!! in the timespan suggested