Parking Awareness - Did not receive initial letter

dj0586

Hi Folks,

I was hoping someone could help with a Parking Awareness letter I have received.

It’s in relation to overstaying on a ticket in Blackpool in March. It states that the letter is a final demand, although I didn’t receive a first letter. However, I do know why I received it, my car broke down in the car park and the extra time was waiting for the AA to arrive to get me going again.

Anyway, they are now asking for £100 and threatening court action. What’s my best course of action? I’ve had a look through the initial guide on the site but struggle to see which bit would apply to me.

Thank you

Ralph-y

hi and welcome to the forum ....

please have a read through the newbies thread

https://forums.moneysavingexpert.com/discussion/4816822

ignore any sections on the BPA only IPC bits

(all the acronyms are found there)

there is a template for you to use ...

add on the end that the driver ( NOT me , I ...) had broken down and you have proof

do not give away who was driving

do not ring them

just use the forum IPC template

who's car park was it ?

have a read up then come back if you need any further advice / help

good luck

Ralph:cool:

Coupon-mad

dj0586 wrote: »

Hi Folks,

I was hoping someone could help with a Parking Awareness letter I have received.

It’s in relation to overstaying on a ticket in Blackpool in March. It states that the letter is a final demand, although I didn’t receive a first letter. However, I do know why I received it, my car broke down in the car park and the extra time was waiting for the AA to arrive to get me going again.

Anyway, they are now asking for £100 and threatening court action. What’s my best course of action? I’ve had a look through the initial guide on the site but struggle to see which bit would apply to me.

Thank you

So you just appeal and complain to the retail park, obviously. Your case is the same as all the rest (regardless of a missing first PCN) and I wrote the NEWBIES thread to avoid this every day, repeateing ourselves. Appeal and complain.

You can use the template in the NEWBIES thread and add proof from the AA of breakdown.

dj0586

Not sure about ownership @ralph-y it's a general use car part on the outskirts of Blackpool. I'm going to have a re-read of the Newbies forum later today and get my head round it.

Thanks for your reply

Darren

Redx

if they have your details then you must be down as the keeper of the vehicle, so you are the person they can take to court , no matter who the "owner" is

proving their case against you is a different matter, but some they win , others they lose, court is a lottery

if you are talking about the landowner, the Land Registry can give you those details for a small charge

dj0586

Sorry, yes, owner of the land.

pappa_golf

http://parking-prankster.blogspot.co.uk/2014/01/vcs-spanked-in-court-as-motorist-and.html




The keeper felt strongly about the rights of wrongs of the situation and refused to pay without a court ruling. VCS duly took the keeper to court, and the keepers sole defence was that the vehicle was broken down.

At the hearing the judge asked the VCS representative what he would do if he accepted the vehicle had broken down. The VCS representative said that he would drop the case.

"Well I do accept the motorist broke down," said the Judge. "Case dismissed!"

Coupon-mad

Just be careful not to start saying 'I parked/broke down' or even 'I called the AA and here is the proof'.

Go for 'we' called the AA or 'the driver called the AA' (third person throughout).

And you are the registered keeper ONLY on any appeal drop down menu that asks. Driver not admitted.

dj0586

Hi Guys, I've drafted the letter which explains that the the driver of the car returned within the allocated time but due to a breakdown overstayed while waiting for the recovery truck to arrive.

Before going into the template "As this is purely a charge (not a statutory penalty) issued under a purported contract and the driver has not been identified, I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company for the provision of their services? I require their contact details." etc...

I can't find a copy of the recovery document (didn't think i'd need it) but as it has my signature on, i'm wondering if that might be a good thing? Is it worth getting in touch with the AA to see if they have evidence they could send me, or just appeal fully expecting it to be rejected regardless.

Thanks

Coupon-mad

You could cover your signature with a piece of paper before scanning in a copy, or use MS paint to cover it. And AA breakdown members can use breakdown recovery even if they are a passenger, so it doesn't suggest who was driving.

TBH I would not bust a gut on this, just send something that would look reasonable later in court of they try during the ensuing six years to pursue it in the courts. Keep ALL letters and evidence but yes, it is worth getting the AA report because it's vital to have that later if you have to defend a case and might be harder to get a copy of years later!

dj0586

The appeal letter was sent about a month ago, no reply, not even a rejection. However, today I received the letter from Vanquish telling me the debt had been sold to them.

Normally I'd worry about this, but thanks to the thread I'm ready to just ride it out and see what happens