Received LBCCC after believing charge had been cancelled

Quentin

The_Deep wrote: »

….I have however revised it, as I tend to think that Brexit may scupper this Bill and this Government. If JC becomes PM I suspect that the car owning classes may well be taxed into extinction.

Yes - but revising it to now mean by next April is still far too optimistic!

The_Deep wrote: »

I have now revised my opinion, legislation before Christmas is now most unlikely. Early in the New Year can reasonably be interpreted as April 2019. …..,

Of course you can have an opinion, but continually advising this to Newbies is downright dangerous!

Umkomaas

Quentin wrote: »

Yes - but revising it to now mean by next April is still far too optimistic!


Of course you can have an opinion, but continually advising this to Newbies is downright dangerous!

*** STOP PRESS ***

Revised estimate .......

With a fair wind they will be out of business by in the not too distant future..

Quentin

What!!


2 revisions in 24 hours (3 in 4 days as on Saturday newbies were being told the ppcs would be closed down by Christmas!)


(We must await a definition of "the not too distant future"!!)

zigger

Thanks to everyone for the advice so far.


I am compiling a reply to the LBCCC from ParkingEye at the moment. Should I just acknowledge receipt of the LBCCC or send a formal response re-stating my arguments, together with copies of emails from the hotel confirming the charge has been cancelled. I also have a copy of a function sheet from the hotel, for the meeting on the day in question, that clearly states 'car parking included'.

I have looked through the LBCCC, in line with the guidance in the Newbies thread, and I am still not sure whether it is fully compliant with the Practice Direction.
They have stated that the 'charge was levied for breach of contract' and the date, but not the times, were included in the opening paragraph. Does the fact that I have a copy of their evidence submitted to POPLA which contains date and times mean that they do not need to include them in LBCCC?


They have also stated the following :


They remain open to ADR.


The charge is proportionate to their loss and has been calculated using their company records and accounts, which are publicly available.


The can not state exactly the documents to be relied upon in court, as a defence has not been filed yet, but they have listed PCNs they have sent, my defence submitted and their reply, their authorisation to operate on site and signage, etc.


The final chapter covers the Judgement handed down by the Supreme Court in 2015 in the matter of ParkingEye and Mr Beavis.


On the basis of this information, have PE been compliant with the PD, or can I send a rebuttal letter?


Just two more questions, and I thank you for your patience, does my response need to be in letter form, or can I email?


Lastly, I am disputing this claim on behalf of my wife, as she is not up to it really. Do I need to make it clear in my response that I am actin gon her behalf?


Thank you.

Quentin

#2 in the newbies FAQ thread does advise on rebuttals to the Lbcca

A simple retort denying owing everything will do, and show you didn't ignore the lbcca

You are dealing with the most litigious PPC, so expect a claim to follow

Loadsofchildren123

Summarise your defence, which will include estoppel (relying on the landowner's agreement to cancel the pcn).


Or just a bare denial.
It probably doesn't really matter because PE will ignore you and issue proceedings.
Before they do that, pressurising the landowner is the best bet.

zigger

Thank you.


I am assuming that it is fine for me to act on behalf of my wife. She is quite upset by this situation and not best placed to deal with the documentation involved. Do I state both names on future documents (my wife as defendant) and, if we get as far as a hearing, she would prefer that I spoke on her behalf. Is this something that is acceptable?

Quentin

She must send all docs in her name.

(You can write them, but she must sign them do they appear to come from her)

Don't add your name!

You can arrange to speak for her at the hearing. She must attend!

Umkomaas

While your wife must attend court, you can act for her as a Lay Representative.

Check it out on Google, and also check McKenzie Friend as this is a different kind of in-court assistance you could provide (in the background rather than 'fronting' the defence).

Loadsofchildren123

My first substantive fight with a PPC (Millennium) was on behalf of an elderly relative. He wrote to the PPC to say that his son (my partner) was handling matters on his behalf and to correspond with him. So all correspondence was to/from son, but proceedings were against him and in his name. Had it gone to court, he would have had to attend, with his son or someone else lay-repping for him. But he would have had to physically attend.