Appeal Letter before action or not?

Mouse99

We parked in a private car park on 31st Dec for a short while whilst we grabbed a coffee. I was driving but my partner is the registered keeper.

It's such a notorious area, I made sure to get a ticket. We were parked for 38 mins and I am sure I got a 1 hour ticket.

However, in Feb, we received a parking ticket - I ignored this and another one that turned up in March.

We have now been served with a letter before action before court to settle a fine for £140. The organisation is the Civil Enforcement Ltd.

Do I have any grounds for appeal given that I bought a ticket but don't have the physical evidence? Can I appeal using burden of proof argument?

Is there any wriggle room if my partner was not driving?

I am extremely stressed and anxious about the whole thing as we can't afford this - any advice, greatly appreciated.

Fruitcake

It is not a fine.

Yes you should respond to the LBA.

Ignoring has not been advised here since the law changed in 2012.

Do you still have the parking ticket that you paid for (like you would keep any other receipt for a regular purchase) and do you still have the PCN/NTK?

Have a read of the Sticky thread for NEWBIES to work out what grounds you have to defend this. Inadequate signage, lack of grace period, not the landowner, no standing to bring charges in their own name, and non POFA 2012 compliant NTK should all feature in your response.

Do not reveal the driver's identity under any circumstances, not even on here.

What happened when you complained to the retailer/landowner?

Mouse99

Many thanks for advice, much appreciated, what do you think of this as a draft appeal?

RE: Letter before action, PCN

I am writing to formally challenge the above Penalty Charge Notice.

You allege that I owe you money for parking at .......on 31st Dec 2017.
Firstly, although I am the registered keeper of the car, I am not the driver who parked the car. Secondly, the driver of the car did indeed purchase a 1hour ticket to stay in the car park and therefore is not liable for any charge. You will need to prove your assertion that no ticket was purchased. In accordance with the Road Traffic Act 1991, my challenge is on the basis that the contravention did not occur.
For this reason I look forward to receiving notification that the Penalty Charge Notice has been cancelled within 28 days.

Fruitcake

The car park isn't covered by the road traffic act, it's private land. It's not a penalty charge notice (unless byelaws apply or it is council land being run by CEL.) In both cases the POFA 2012 won't apply which would be an additional, and winning, defence point.

What about all the other points I mentioned? You cannot possible have read the NEWBIES and understood it in the time.
Where is the bit about you vigorously defending this in court if it isn't cancelled? What about the answers to my other questions?

Mouse99

Is it correct to appeal to the Parking company still when you get a letter before action?

Then if they reject appeal, we can go to Popla? is that the right order?

Fruitcake

Mouse99 wrote: »

Is it correct to appeal to the Parking company still when you get a letter before action?

Then if they reject appeal, we can go to Popla? is that the right order?

You are too late to appeal to the Parking company and therefore have lost the opportunity to win at PoPLA. You are at the point where you will be defending a court case if you cannot get a landowner/retailer cancellation, or you can respond in such a robust manner to the LBA that the scammers will give up. The latter is very unlikely, so you should assume you will be defending this in court.
Properly defended with help from the experts here you will win, and come out with £95 in your back pocket.

You need to pull your finger out, read the NEWBIES section concerning court, and counter the LBA.

Post up your draft before you send it off for the regulars to look over first.

You still haven't answered any of my other questions.

Coupon-mad

Mouse99 wrote: »

Is it correct to appeal to the Parking company still when you get a letter before action?

Then if they reject appeal, we can go to Popla? is that the right order?

Only if they offer POPLA. You should have done this earlier, as they are very easy to beat.

Luckily, CEL are also very easy to see off if they start a court claim, too, every time on here. Not even a hearing needed.

Mouse99

Thanks for advice but having trouble drafting, will they be easily seen off? See new draft:

You allege that I owe you money for parking at .....on 31st Dec 2017.
Firstly, although I am the registered keeper of the car, I am not the driver who parked the car. Secondly, the driver of the car did indeed purchase a 1hour ticket to stay in the car park and therefore is not liable for any charge. You will need to prove your assertion that no ticket was purchased.
Further you are not the landowner and you have no standing to bring charges in their own name, as well as being non POFA 2012 compliant NTK.

I will vigorously defend this in court if it is not cancelled.

I look forward to receiving notification that this claim has been cancelled within 28 days.

Coupon-mad

Yes that is OK, good enough and it doesn't say who was driving.