Pcn ldk

JHill85

Morning to all,

PCN turned up by post, claiming I overstayed at north Durham Hospital.

I've completed the online appeals form and sent this reply as instructed in the newbies thread:

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,

LDK have just replied by email rejecting my appeal with this reply:

You may view more photographic evidence or Pay the PCN by visiting ldkpay and entering your PCN reference number and vehicle registration number. It is still the responsibility of the driver to ensure that they are parked in line with the terms and conditions.

A payment of £45.00 is to be received within 14 days after which charges will increase to £90.00.

Failure to comply will result in your details being passed on to Debt Collection Agents. We may also start court proceedings without further warning and extra cost will be incurred.

As we have now reached the end of our appeals process, please note that a firm of Solicitors has now been appointed to prosecute all outstanding PCNs. Files will be passed over without any more prior warnings.

Payment Methods:
• By Telephone: on 0845 3058122.
• When making payment please have the vehicle registration number and Parking Charge Notice number available and follow instructions.
• Online: 24 hours a day at .ldkpay.
• By Post: Send a cheque made payable to LDK SECURITY GROUP LTD to LDK Payment Department, to address previously advised. Remember to write the Notice Number and Vehicle Registration on the back of your cheque and a stamped addressed envelope if you need a receipt.

If you believe your data has been used inappropriately, you can notify the Information Commissioner’s Office and/or the DVLA.

The Independent Appeals Service provides an Alternative Dispute Resolution scheme for disputes of this type. As you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service.

It indicates i can log on to look at more photographic evidence, which shows all signs my ticket etc..

What i would like to know is, is this the end of my appeal road?

Many thanks for any help provided

Umkomaas

What i would like to know is, is this the end of my appeal road?

It is as far as the PPC is concerned. We do not recommend appealing to the IAS (you have little to no chance there, so why bother). You now wait to see if their threat of court action materialises. You can safely ignore debt collectors, but come back on this thread if you receive a Letter Before Claim or court papers.

Have you contacted PALS (Google it) at the hospital - they might be able to take this up for you.

fisherjim

JHill85 wrote: »

As we have now reached the end of our appeals process, please note that a firm of Solicitors has now been appointed to prosecute all outstanding PCNs. Files will be passed over without any more prior warnings.

That's a very naughty use of terminology, obviously designed to intimidate!

JHill85

I have just gooled PALS and sadly although this car park is right next to the hospital that we were visiting, it belongs to a daycare for children centre. I could also try contacting them.

The letter and email is indeed very intimidating!

Ian011

JHill85 wrote: »

Payment Methods:
• By Telephone: on 0845 3058122.

Although of no direct use in this case, note that offering the premium rate 0845 number for making payments has been illegal since 13 June 2014.

It's a breach of Regulation 41 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.