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I've searched, I've read and I'm still stuck

24

Comments

  • System
    System Posts: 178,355 Community Admin
    10,000 Posts Photogenic Name Dropper
    if this land is owned by counsil , THEY should have issued a ticket , not the parking Co , the land is non applicable for POFa ,

    I've had a run-in with PCC. The issue is not whether it is council owned but whether there was a PPO which was removed to allow a PPC.

    That is what is needed to be checked.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Oh dear,

    I've read the threads in the Newbies section and they just confuse me, so much legal jargon and scenarios which don't match mine interspersed with notes about how to go about it, but it just doesn't make sense. Which part do I send? None of them seem relevant and will it affect my case if I send the wrong thing, or is the aim just to bombard them with everything?

    I did reply to their letter of claim, their letter in response (from which I quoted re land ownership) has given me 14 days (from the date they wrote it) to respond by telephone.

    I have only now been issued with the clear information that It looks like I used the wrong car's registration.

    A realistic and fair company would look at their camera records and see that no car with my registration entered the car park. Obviously I can prove that my car was in the garage at the time and that I was driving a courtesy car.

    Has anyone ever taken a firm such as Britannia to court ie get in first?

    I will write to my MP

    Thanks again everone.
  • Um, what is a PPO and PPC please
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 11 October 2018 at 5:11PM
    you may well have used the incorrect VRM

    none of these companies are fair, it is shark infested waters which is why its been debated by MP,s in the House Of Parliament and a new law is being enacted

    your LBC is a legal letter of claim , nothing to do with parking , but to do with contract law (it just so happens that a parking incident has triggered it - hence all the legal jargon)

    just keep replying and denying any money is owed , by letter or email but do not phone them !!!

    this is a reactive system , so until they try court you are at their mercy , so the time to fight back is if they issue a court claim, not to start your own claim, especially when you dont know what you are doing


    ps:- some acronyms are in post #5 of that NEWBIES thread, please read them (PPC is definitely there)


    PPO was discussed 2 years ago on here


    https://forums.moneysavingexpert.com/discussion/comment/71843136#Comment_71843136
  • Le_Kirk
    Le_Kirk Posts: 24,731 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    WelshPoppy wrote: »
    Um, what is a PPO and PPC please
    Go here to find about all about acronyms.
  • Many thanks again everyone, sorry I missed the glossary of acronyms.

    The report from the ticket machine only shows the prefix and first 2 digits of car reg numbers so this is what I was thinking of saying in my reply:

    I write in reference to the above matter and your recent correspondence

    The print out you have provided does not show the whole registration number, despite your client’s signage that the full and correct VRM should be entered. Please provide me with a report which shows the full VRM.


    As Britannia Parking are not the landowners of Sutton Harbour car park do I put in here the legal reply template from the NEWBIES section?

    Do I also include the template about ANR?

    When I have the full reg and can be 100% certain that it is my own car, I can then prove that it was in the garage and could not have been in the car park.

    I could also ask them to contact the card handling company with the information provided by my credit card issuer to cross reference the time of payment - but should I save that for later?

    I appreciate that I am dealing with contract law but because I go away for long periods and don't want to risk a judgement in my absence I will probably allow them to take me to court so I need to clearly show that it's a "trivial matter".

    I so appreciate the help on this forum, so many thanks again.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    as this is at LBC stage, then the time for explanations etc is long past


    assuming you dont wish to pay it in full, then you should send a rebuttal denying the alleged debt (because BRIT were paid by phone or whatever was used , assuming it went to BRIT and not to PCC)


    keep rebutting it until or unless they issue an MCOL


    in the meantime , gather all your evidence, docs and pics for any future defence in court
  • Thank you Redx.
  • WelshPoppy
    WelshPoppy Posts: 15 Forumite
    edited 16 January 2019 at 12:39PM
    Happy New Year everyone, I hope this is the year that puts an end to the unscrupulous practices of the car parking industry.

    I have now received a letter of claim and would greatly appreciate advice please. I apologise in advance if any of you find it frustrating that I am asking but I can't find a case that quite fits my situation and I get very confused about which example responses I should use.

    For clarification and to save you having to go back over the whole thread here is a brief summary,

    We parked a courtesy car in Sutton Harbour Multi Storey car park in Plymouth which uses a ticketless system. It is owned by Sutton Harbour Developments and operated by Britannia Parking. We paid by credit card luckily and so have proof of payment.

    The garage which supplied the courtesy car received the PCN and supplied Britannia Parking with my details.

    After much toing and froing with Britannia and BW Legal we finally received a print out which indicates we entered our own car reg or a combination of it and the courtesy car's. I have sent them a copy of the V5 and asked for evidence that a car with the same (part) registration used the car park at the time indicated and making the point that BP is not out of pocket.

    Of course they have not provided this evidence because strictly speaking I suppose it is not relevant and their only response has been the letter of claim.

    There is reference to the Debt Recovery Costs being expressed in the T&C's "which I accepted upon entering the site" I have no idea where the T&C's are displayed in the car park although their photographs show some very small print below the notice that £85 MAY be charged in the various circumstances listed but I can't read them. Is this fair?

    I have to reply by 26th January.

    I will be very grateful for any help.
  • Le_Kirk
    Le_Kirk Posts: 24,731 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Is it a proper letter of claim (LOC/LBC/LBA/LBCC) giving you 30 days to respond, laying out their claim and proof of the claim and enclosing or attaching financial documents (which of course you don't fill in)? If so, you are in rebuttal mode and need to reply saying you will defend in full and rebutting every point they make in the claim. Search for LBC rebuttal changing the search to "Advanced" and changing Radio Button from Threads to Posts.
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