PCN Lidl Grantham

Jay64

Ok so I really need some help - I’ve tried to adjust some of the templates but after the adjustments it just doesn’t sound as good as what it did. I’m adjusting them as Phoniex have already paid the parking charge notice, so I’m not too sure what to say to them...

Jay64

This is what I have found from MSE... Would this suffice?


Dear Babcock Phoenix Ltd

RE: Parking Charge Notice Number. 0004 266 222

I am writing to raise a formal complaint and dispute regarding the letter which informed me I incurred a parking charge and that (for no lawful reason whatsoever) you have just paid it, despite this not being a penalty, and not from any legal authority. Do you always pay invoices without question, or was this staff error? Either way, you can't expect me to reimburse you for your error.

This was a private PCN, an invoice (not a fine or penalty) and it was never your liability to pay 'on my behalf'. You have failed to comply with the process set out by the BVRLA and in the BPA/BVRLA 'Memorandum of Understanding', signed in 2013, following the change in the law within the Protection of Freedoms Act 2012 (the POFA).

Why did you not discharge potential liability by providing the necessary details of lessee/hirer, in accordance with paragraph 13/14 of the POFA, schedule 4? By not doing this you prevented me from appealing against this private PCN, something that I would have found easy to win at POPLA stage.

You have denied me that opportunity and disregarded clear BVRLA instructions, as well as the POFA paragraph 13/14.

Why did you not simply name me as the lessee/hirer, as per the POFA, given my address and in one simple letter, thereby discharging any liability your company might have been concerned about? You would then have been removed from the issue and I could have appealed - a win-win situation.

You had no business in paying this 'on my behalf' and in fact you did not, you paid it of your own volition. Your mistake, not at my cost. Where in Terms Conditions of lease/hire, do you contend that you can wrongly and blindly apply the 'local authority' PCN procedure (panicking and paying a PCN that is from no such authority, then demanding money from me as reimbursement)?

I wish to escalate the matter using the ADR/dispute resolution provided by the BVRLA, and I require the name of the overseeing solicitor from your Legal Department, responsible for this matter. As the sum is certainly in dispute you must not charge the card held on file. If you do, I will ask my card provider to bounce the payment immediately and will place it in formal dispute as an unauthorised debit.

I look forward to hearing from you within seven days.

Umkomaas

That hits the target.

Coupon-mad

That's not what was advised, though:

It's not a fine, or a penalty, and you could have had it cancelled merely by emailing the CEO of Lidl if you were shopping there an could have proved it. We help people to get these cancelled all the time, with one email to the right person.

You could try. Search the forum for any LIDL thread and use the email shown

Jay64

But as someone else has stated, they’ve already been paid so they won’t care who has paid it?