Letter before county court claim

RachelCM

Hello, I'm hoping you can help me. I received a LBCCC dated 28/12/16 from Parking Eye. I only received it today via mail redirection as I no longer live at the address it was sent to.

It claims that on 13th December they notified me that I had become liable for this PCN concerning a breach of T&C's at a hospital on 2nd November.

They go on to say unless I pay £80 now court proceedings will be issued incurring their costs.

Issue: 1) I never received a PCN or any letters at all prior to this. 2) I am a blue badge holder and parking is free at the hospital for the disabled on display of their badge which I had done. Notices regarding parking specify that all drivers require a ticket for the hours they spend at the hospital except those with blue badges on display. 3) There is no maximum time frame in which you can park given that you pay according to how many hours you think you will be at the hospital and this wasn't relevant to me in any case given the blue badge. 4) I attended an appointment and was then unexpectedly admitted to the hospital until just before Christmas as a result of ironically injuries sustained in a car crash (hospital note to prove dates of admission, 5) I can probably now expect a flurry of letters from them as my car remained parked in the same spot for weeks thanks to the admission.

I'm wondering how best to tackle this. Thank you.

Quentin

You do need to ensure they have your correct address otherwise you risk getting a ccj by default should any court docs not get redirected.

And read up in the newbies FAQ thread near the top of the forum for advice on how to deal with court action.

Also complain to the hospital and ask them to get the charge cancelled

The_Deep

Are you sure this is a LBA? You say that the event took place last November and they are asking you to pay £80. It does not sound as if this is what you say it is.

pappa_golf

PE getting eager

http://forums.pepipoo.com/index.php?showtopic=110903

Coupon-mad

It claims that on 13th December they notified me that I had become liable for this PCN concerning a breach of T&C's at a hospital on 2nd November.

So that was their 'liability notice'.

I would get a family member to send an URGENT email to:

enforcement@parkingeye.co.uk

- but in the name of someone else in your household, not from your email addy - saying they are alarmed to find that a letter before claim has been sent to the family's old address, and they can trace no prior letters. Please can they note that you (the keeper, your name) in fact live at:

xx xxxxx xxxxx
xxxxxx
xxxxxxx
xxxx xxx

As such, they suggest that ParkingEye needs to send a PCN to you at your current address as you have not been made aware of the issue and were not offered the chance to appeal, due to the wrong address. And by the way, you are a Blue Badge holder who was hospitalised so it is entirely appropriate that they must send you a PCN as you would have grounds to appeal it.

PE will send a new PCN out and you will be back to square one, pressure off, able to appeal, but when you do, later this month when you get your reissued PCN, do not admit who was driving so you would then need to re-word this by saying 'I was an occupant of the car and...' like I have shown:

I am a blue badge holder and was an occupant of the car but the driver will remain unidentified in this appeal.

Parking is free at the hospital for the disabled on display of their badge which I had done. Notices regarding parking specify that cars require a ticket for the hours spent at the hospital, except those with blue badges on display.

I attended an appointment and was then unexpectedly admitted to the hospital until just before Christmas as a result of injuries sustained in a car crash (hospital note to prove dates of admission attached).

Again - DO NOT SEND THAT YET!

Get a family member to email to say the above first, to get you back to appeal stage comfortably and to remove the 'near court stage' threat.