LBC from First Parking?

lizerazou

Hello,

I have been reading some of the guidance on here, thank you, but was hoping someone could confirm for me that my letter is an 'LBC' (or LBCC), as this title is not clearly stated on the letter anywhere. I am assuming it is? I would welcome any advice too.

I'm not sure of the best course of action to take, though I am aware I must respond.

I altered a date on a visitor parking permit in a university car park as I was in a hurry (I work for the university frequently, as a photographer, and they provide pretty basic, homemade-looking print-out permits, and you can fill details in with a pen). I probably shouldn't have edited the date in this way, but didn't realise it would be an offence punishable by an immediate fine. The permits give a contact name and number for both the driver and the member of staff they are working with, but they did not attempt to contact me or the staff member, though appreciate they were probably not obliged to do this. I chose to ignore the fine letters, thinking it would go away.

I've read some notes about speaking to the landowner, and wonder if that might still be an option, seeing as I am regularly employed by the University and have a good relationship with them.

Or should I just respond following instructions to compare the letter with the criteria laid out in Annex A of the Practice Direction? I have not yet looked in detail, but at first glance I would say it does not fulfill all those criteria - e.g. it does not refer us to the Practice Direction (if indeed it is a LBC). And if I do this, what is likely to happen next?

Please note the letter came with a draft 'Claim Form' with some bits filled in but not all.
I have uploaded the letter to photo bucket but no matter what I do I don't seem to be able to provide a link to it here. It appears in the body of this message each time and then I can't post.

Not sure if it is at all relevant, but I no longer own the car in question, having recently traded it in for a new one.

Thanks in advance for your help here.

lizerazou

Sorry, I wrote the first part of my message with the intention of attaching the letter! But have not managed to - will continue to try to attach it..
Thanks.

lizerazou

Letter:

i38.photobucket.com/albums/e101/parkingstuff/letter1_zpscmuuqsjd.jpg

Timothea

http://i38.photobucket.com/albums/e101/parkingstuff/letter1_zpscmuuqsjd.jpg

I would treat this as a Letter Before Claim. As such, you should write back and request a Letter Before Claim that complies with Pratice Directions (e.g. includes the legal basis for the claim). Also ask them to clarify anything that you think is unclear and to provide any documents upon which they will rely in court.

If they ignore you then you can point out to the judge that you tried to resolve the dispute without going to court, but they failed to follow Practice Directions and filed a claim before this could happen.

Umkomaas

Timothea wrote: »

http://i38.photobucket.com/albums/e101/parkingstuff/letter1_zpscmuuqsjd.jpg

I would treat this as a Letter Before Claim. As such, you should write back and request a Letter Before Claim that complies with Pratice Directions (e.g. includes the legal basis for the claim). Also ask them to clarify anything that you think is unclear and to provide any documents upon which they will rely in court.

If they ignore you then you can point out to the judge that you tried to resolve the dispute without going to court, but they failed to follow Practice Directions and filed a claim before this could happen.

I'm not sure that it is a LBC (don't you just love images where you have to stand on your head to read them!) - but no reason for not sending them a snotogram back.

They've never 'done court', so I'd be inclined to tell them to serve court papers within 14 days or you will consider this matter closed. Tell them that should court papers be served, you will be making an immediate counter-claim for their breaching of the Data Protection Act in the mishandling of your personal information. This will mean that they will be unable to discontinue the court proceedings, if they are using the threat as a form of coercion.

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

If their threat in their letter is for real, then they will do court, so inviting them to serve papers won't make any difference, but if it's just an empty threat, then you've called their bluff and they might back off.

Coupon-mad

lizerazou wrote: »

...should I just respond following instructions to compare the letter with the criteria laid out in Annex A of the Practice Direction? I have not yet looked in detail, but at first glance I would say it does not fulfill all those criteria - e.g. it does not refer us to the Practice Direction (if indeed it is a LBC). And if I do this, what is likely to happen next?

Please note the letter came with a draft 'Claim Form' with some bits filled in but not all...

Like here:

https://forums.moneysavingexpert.com/discussion/5617004

HTH - defendable if F1rst ever start trying court but thus far they haven't, to our knowledge here and as per the BMPA page.

lizerazou

Thank you all for your replies.

Umkomaas, I don't know if I have the nerve to write and ask them to serve court papers within 14 days or else!
Very pleased to see they have not yet taken anyone to court though.

Without sounding stupid, can you clarify for me how exactly they have breached the data protection act?

Still not totally sure if it is an LBC, but I suppose the fact that it is unclear is argument enough on that point.

So general consensus is to not involve the employer (landowner) and prepare my own letter?

Feeling slightly more reassured.

Thank you.

Umkomaas

Umkomaas, I don't know if I have the nerve to write and ask them to serve court papers within 14 days or else!

Sorry, but how do you normally deal with a bully? Cower in the corner, or adopt the ostrich position? I usually like to smack them on the nose (physically or metaphorically) and see what they're made of.

As I said above, if they're going to take you to court, then they will, so inviting them to do so won't change that. But they might just run away (like most bullies) - see who blinks first.

Without sounding stupid, can you clarify for me how exactly they have breached the data protection act?

Some reading for you.

First and foremost, please read thoroughly this extensive guidance put together by MSE poster Timothea. This will give you the background and conditions for you to consider and determine whether you might have a case to pursue.

https://forums.moneysavingexpert.com/discussion/5585388

Other Sources

http://www.parkingcowboys.co.uk/data-protection-act

Some apposite blogs from the Parking Prankster:

http://parking-prankster.blogspot.co.uk/2016/12/liverpool-business-park-motorist-wins.html

http://parking-prankster.blogspot.co.uk/2016/11/smart-parking-settle-out-of-court-for.html

Latter part of this blog:

http://parking-prankster.blogspot.co.uk/2016/12/heath-parade-graham-park-way-scam-site.html

On PePiPoo, regular contributor 'Lynnzer' seems to be taking a lead in pushing for the pursuit of DPA breaches by PPCs. He has written a number of well constructed Letters Before Claim requiring the PPC to pay the motorist between £250 and £750 as compensation for the stress they have been put under by the PPC, or risk the matter resulting in a formal claim at the Small Claims Court. .

Do a search there to get the hang of what this is all about and whether you might want to take this fight back to the PPC.

http://forums.pepipoo.com/index.php?act=SF&s=&f=60

While you threaten this, you have 6 years to pursue it. By threatening a counterclaim, if they serve court papers, it means they can't duck out of having to defend the counterclaim in court. Lots of the bullying scum serve court papers, put the individual under extreme stress, causes them hours upon hours of work, as if the case is going to end up in court to see if they crack and pay up, only at the last minute to discontinue the case.