UKCPS final notice before court proceedings

BlueBell2

Hi, I have read the newbies thread & tried to follow the advice but am now a bit overwhelmed with all the information and not sure what to do next.

A PCN was issued in July for parking on land by a shop.
After a 2nd or 3rd letter in September i read your sticky thread and appealed the PCN & requested photographic evidence of the parked car. Mean time they have issued a letter saying this is the final notice before court proceedings.

The appeal rejection has now arrived along with photos of where our car was parked, the pcn on the car and the private land notice.

What should i do now please? I have read the thread but as i say, there is so much information and I'm confused about what next.

thanks

KeithP

You have appealed. They rejected your appeal.

What does the NEWBIES thread suggest as you next action?

Hint: Ignore everything except a letter before claim or court papers.

Is the letter you have received a letter before claim?

BlueBell2

It says "We are writing to inform you that this is the final notice before court proceedings are instigated".

I am not clear on what i do next though.

Quentin

What else does it say exactly? (That extract you posted doesn't in itself mean it's a lbcca)

BlueBell2

I have been reading the links to various replies to such letters but I'm struggling to to understand the legal speak and find a general response to my situation. i'm not saying i am unique, just that the examples i am reading have a lot of good reasons to challenge eg sick child, company wouldn't provide information, pay and display ticket fell off dashboard etc. I can't figure out what legal basis i have to challenge. It was a simple case of the driver at the time not seeing the notice.

I was not the driver at the time but i am the registered keeper. They have said they are contacting me Under Schedule 4 of POFA 2012. At my request they have provided the photographs of the vehicle but they have declined to provide any information about contracts with the landowner etc

Which thread gives an example of the sort of reply applicable for me please?

I am sorry if this request is annoying to you. I genuinely wouldn't ask if it was obvious to me.

thanks

BlueBell2

It says "Notification Letter" at the top.

"We UKCPS Ltd are required by law to inform you under Scehdule 4 of the POFA 2012 sub paaragraph (1)a.7.(2) a.b.c.d.e and f that on the 2nd July 2017 13#;58 vehicle registration XXXXX was observed parking without a valid permit or authority and the driver of the vehicle is required by virtue of a relevant obligation to pay a parking charge in respect of the parking of the vehicle on land at xxx Rd Convenience Store and by so parking he/she agreed to pay the charge of £100.00 under the terms of a relevant contract displayed in the said land.

it goes on to say if they have to write again there will be an increase in the charge. And if they have to issue court proceedings the court may add additional charges.

It also says "If you are the registered keeper under POFA 2012 Schedule 4 sub paragraph (8)(ii) and you ahve not within the last 28 days of reciept of our last letter informed us of the name of the driver, we now have the right to recover from the keeper so much of the amount as remains unpaid, shown above"

It goes on

Appeals Procedures..... registered keeper has the right of appeal within 21 days of the NTK. (I appealed alter than this i think. its been rejected).

waamo

I would treat this as a Letter Before Claim. Post 2 in the Newbies thread tells you how to deal with it.

BlueBell2

Agghh.. I'm tired and have muddled 2 letters.

All the above was in a letter on 4th September.

Then i got a letter dated 20th September
This says in red capitals "Do not ignore this notice immediate payment required"

"We are writing to inform you that this is the final notice before court proceedings are instigated. We are offering you the opportunity to settle your debt in full by paying the amount of £150

To accept this offer you must pay this amount in full within the next 7 days. Your failure to comply with this final offer may result in court action being progressed for the original debt plus all associated costs which could exceed £250.

The letter gives a break down of potential costs and provides payment methods.

I think i put in the appeal after that as on 3rd October i got the letter saying the appeal was rejected.

waamo

Treat it as an LBC.

Redx

well, its either pay or fight

the LBC rebuttal letters are in post #2 of the NEWBIES sticky thread

BlueBell2

As i said, I've read quite a few but either I'm not understanding all the legal speak or i am missing something. If you just didn't realise you shouldn't have parked there, what is the legal basis for a challenge?

This is getting me very stressed as i'm just not getting it