Letter before action CEL

Katiepugh

Hello from a newbie
I have been reading this site regarding information on this matter but I am still unsure what to do.
On Monday the 7/3/16 I received a LBA from CEL for a parking charge notice from December 2014 , I had thrown away letters I had previously received after reading back then as that was the advise given.
I have now received this and I am worried that I will get taken to court.
The parking charge was for a small car park to a shop in the town
Do I ignore this or take action if so what do I reply.

Any help would be very appreciated

Thankyou

salmosalaris

The options
1. If you were not the driver provide PE with the driver's details who then gets the option of paying the original discounted price or appealling the ticket

2. If you do not do the above you need to correctly respond to the LBA or pay up

Do not ignore or you will have a court claim through your letterbox

Quentin

Katiepugh wrote: »

I have been reading this site regarding information on this matter but I am still unsure what to do.
On Monday the 7/3/16 I received a LBA from PE for a parking charge notice from December 2014 , I had thrown away letters I had previously received after reading back then as that was the advise given..... I am worried that I will get taken to court.

You did not get that advice from reading "this site"!


If you do end up getting a court claim, then the court will be the county court (not magistrates) and no real need to worry about attending - fairly informal and painless unless you lose when the pain is the money you have to fork out!


Attending court only comes into the picture if they decide to apply for a hearing after seeing your defence, and you can still avoid attending by paying up prior to the hearing if that's what you decide to do rather than attend.

Katiepugh

Thanks for your replies
I was the driver

I don't want to pay the £140

How do I respond ?

Are there any template letters I can use ?

Redx

there are no templates for an LBC, each one is bespoke, as are court claim defences etc

there is a sticky thread called LBCCC fightback by lazydaisy in the CRABMAN sticky thread which explains all this (although its not in simple terms) but that is now out of date due to changes in the legal system last year

if they dont know who was driving, keep it that way, so edit your posts accordingly

they have sent the LBCCC to the KEEPER, not the driver, as they have no way of knowing who was driving

the advice on this site since march 2013 has been to APPEAL as keeper, not IGNORE, so you clearly missed reading the correct advice

if you fail to respond, they will issue a court claim in the small claims court, an MCOL via Northampton bulk centre

Fruitcake

Katiepugh wrote: »

Thanks for your replies
I was the driver

I don't want to pay the £140

How do I respond ?

Are there any template letters I can use ?

There are no template letters but there is information about court in the Sticky thread for NEWBIES, and The Parking-Prankster does a very good guide to court for a few quid, linked from his blog.


You need to acknowledge the claim and say you will defend it. You will need the more experienced posters to help you with how to do this though. You can also ask for help on pepipoo.com and combine your information on how best to beat this.

Redx

its not a claim yet, as its an LBC, so a suitable reply is what is needed before a claim is issued , ping pong email or letter tennis

salmosalaris

Dear Parking Eye
Re PCN xxxxx
Date

This is my acknowledgment of your recent letter before claim .
So that I can consider my position and formulate my full response please supply:
-copies of all paperwork sent to me regarding this matter .
- an unredacted copy of your contract with the landowner that grants you the necessary authority to issue parking charges and litigate in your own name
- a copy of the sign which allegedly forms the basis of the contract with the driver

Additionally ,as I believe this charge is an unlawful penalty , should you disagree with this challenge may I suggest that we utilise the services of POPLA as a method of ADR as it is specific to such parking issues and will avoid the cost of court proceedings for all parties. Any suggestion that it is too late for this is entirely untrue and of your own making therefore should you refuse to consider this reasonable suggestion of ADR I will bring the following to the courts attention:

-Practice Direction for Pre-action Conduct and Protocols Para 8
-The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015
-Halsey v Milton Keynes NHS Trust
-PGF II SA v OMFS Company 1 Limited

I expect a reply within 28 days and once I have been furnished with all the information requested I will provide my full response to your letter before claim within the required timescale. Alternatively you can cancel your charge .

Yours

Katiepugh

I have just read my letter again and it is from civil enforcement ltd does this change matters ??

salmosalaris

Doh !
Have they included draft particulars ?

Katiepugh

The front page has details of car pcn ref date of incident and site details
And yes has draft particulars of claim and summary of the Supreme Court judgment between parking eye ltd v beavis attached