popla didn't get pdf so i obviously lost , what now?

Quentin

All you can do now is wait and see if they decide to try court.


Ignore everything you get through the post except a LBCCA or court correspondence


Come back for advice on defending court claim if it comes to that


(Where did you see court was a 50/50 on winning - not for people aided here!!)

KeithP

Are you going to get your threads merged or not?

Umkomaas

KeithP wrote: »

Are you going to get your threads merged or not?

Annoying that posters expect regulars to offer up unlimited advice, using their own time and expertise, yet when politely asked to do a simple something for regulars, they just don’t seem to bother.

Well, ‘not bothering’ can be a two-way street!

Coupon-mad

go to small claims court (50/50 win loose)

Quentin wrote: »

(Where did you see court was a 50/50 on winning - not for people aided here!!)

99% win rate here (counting fully-coached defendants).

To the OP, we already told you that you have a CLEAR case on Grace Periods:

tower road newquay and i was 11 mins late

No you were not '11 mins late' and you won't be saying that, because it isn't true. We assume THEY said that your 'total stay' was 11 mins more than parking time paid. NOT the same, & perfectly OK to take 5 - 10 mins on arrival before paying at the machine, then you are positively allowed (under the BPA CoP) at least a full TEN minutes just for leaving after paid-for time.

And that doesn't take account the facts and idiosyncrasies of this busy beach car park, in summer, which is large and full of children, buckets, spades, surfboards and paraphernalia, as well as other cars manoeuvring, and not forgetting that very busy main road at the exit (the main route down to Fistral Beach) that any driver MUST queue before joining!

YOU WOULD WIN THIS IN COURT, IMHO.

delow

Hi ,sorry i have no idea what " get your threads merged means " otherwise i'd happily do it . I just tried to see if i could find my original post from last year and it's taken my about 15 mins to refind these messages , i don't go on forums infact this is the only one i've ever been on so have now idea how it works or what to do , we can't all be computer experts !!!! All i'm trying to find out now is what i should say to parkingeye ( if anything ) because in the newbie bit it says don't ignore but Quentin said do ignore them ? I have until the 14th to correspond with them if thats what i should do , it does have a part on the form that says " i don't think i should pay " then you have to put you reasons . And how do i merge threads as when i search my name or the title it can't find anything . Sorry for being a dumbass but this Really isn't my forte


I

Redx

just click on the name SOOLIN or CRABMAN at the bottom of this forum , send them a private message , ask them to merge this thread with your old threads into one complete thread only

even if you do not understand the request , they do, its part of their job (not yours) , so you rely on those doing a job to know what to do and what you mean plus what we mean too

KeithP

delow wrote: »

Hi ,sorry i have no idea what " get your threads merged means " otherwise i'd happily do it .

Post #8 offered guidance on that:

Umkomaas wrote: »

To help everyone contributing to your case, please PM Crabman or soolin (Board Guides) and ask that your separate threads are merged into one. Links to the Board Guides can be found in the bottom r/h corner of the forum thread list page, one back from this one.

delow

Ok i think i've pm'd soolin to merge the threads , i only use my computer for logic or serato this forum might as well be in Russian !!
I've read through the newbies threads again and still no wiser , i'll have another read tomorrow with a clearer head see if i can make heads or tails of it .Thanks

delow

Hi i found a couple of reply's and edited them to make this is this ok?Thanks for all your help so far by the way !!!

Dear Sir

Ref ****** (Without prejudice save to costs)

I note your Letter Before Claim

I continue to deny any liability to your company for the following reasons, any one of which is fatal to your claim :

1 I have the reasonable belief that you have no legal capacity to offer parking contracts
2 I have the reasonable belief that your contract with the land-owner does not authorise you to issue proceedings
3 Your signs do not offer contracts with the motorist
4 No consideration passed from either party and therefore no contract could exist
5 The charge is not a genuine pre-estimate of any loss to your company
6 Even if any debt existed it would be due to the land-owner, not your company

I note that Point #4 of your letter states that you remain open to Alternative Dispute Resolution.
Your letter continues however by stating that this is not, in fact, ADR but merely the possibility of continued written correspondence between us.!

I note that Point #6 refers to your production of a document as proof that you are authorised to operate on site.
I have no doubt that such a document exists but, in the event of legal proceedings, I will require that you clarify your legal capacity to offer parking contracts and your authority to pursue legal action as specified in the BPA Code of Practice, to which your letter refers :

7.1 If you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed
agent) before you can start operating on the land inquestion. The authorisation must give you the authority to carry out all the aspects of the management and
enforcement of the site that you are responsible for.

In particular, it must say that the landowner requires you to keep to the Code of Practice and that either you have the authority to pursue outstanding parking charges, through the courts if necessary or that you have the authority to pursue outstanding parking charges and, with their permission, through the courts if necessary

In the event of legal action I will ask the court to order your company to produce the contract

I reserve the right to state further reasons why I deny any debt when I receive a fully compliant Letter before Claim in accordance with Annex A of the Practice Direction for Pre-action Protocol.

Please inform me of your decision regarding the availability of ADR within fourteen days

Yours Faithfully

KeithP

Probably a good idea to remove that Without prejudice save to costs wording.
You may well want to produce that document in court.

Your point 5, genuine pre-estimate of any loss, has no weight since Beavis.

Also, not sure where you got that text from, but there hasn't been an Annex A in the PD for years.

Can you find a more recent version?
There are two recent LBC response letters linked from post #2 of the NEWBIES FAQ sticky thread.