Car Parking Partnership - Coventry Hospital - LBCCC - POPLA Appeal Rejected

RagingMad

Le_Kirk wrote: »

What or who are you quoting? If you have received a LBCCC then you should be given 30 days to respond. Sounds like typical scare tactics.

I was reading the newbies thread, and clicked on the link in post #5 under

LBCCC/LBC/LBA = Letter Before County Court Claim/Letter Before Claim/Letter Before Action. DO NOT IGNORE IT. How to respond.

https://forums.moneysavingexpert.com/discussion/4754020/parking-letter-before-county-court-claim-lbccc-fight-back-guidance-thread

RagingMad

So the link on how to respond to the Letter Before County Court Claim is from 2013. It says NOT to use the reply forms.

The Pre-Action Protocol (section 4 ) says " The debtor should use the Reply Form in Annex 1 for their response" https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

And the National Debtline website - https://www.nationaldebtline.org/EW/factsheets/Pages/pre-action-protocol-for-debt/county-court-protocol.aspx - Says "You need to send the creditor your completed reply form within 30 days of the date at the top of the letter"

So do i follow the link on the Newbies thread that says DON'T use the forms, Or do i fill in the forms?

KeithP

That's simple - don't use the forms.

It says 'should', not 'must'.


That LazyDaisy thread is, as you say, way out of date.

Hopefully Coupon-mad will remove that link very soon.

Le_Kirk

I think that is an old letter and, when the NEWBIE sticky is revised (Coupon-mad is working on it now) it will be removed. The up to date advice is to submit a SAR (to find out what the PPC have on you) and to write back a short letter/e-mail, stating that you deny the claim and, whilst you similarly deny any debt exists, you are seeking debt advice and require them to put the issue on hold for 30 days. This gives time for the results of the SAR to get to you. You do NOT complete the financial forms. You then wait for the official court claim form from Northampton CCBC.

Coupon-mad

KeithP wrote: »

That LazyDaisy thread is, as you say, way out of date.

Hopefully Coupon-mad will remove that link very soon.

I've removed it, thanks all. Old stuff in there needs to go!

RagingMad

Does this look suitable for an Acknowledgemet of the the Letter Before County Claim:



Dear Sir / Madam

Re: LETTER BEFORE COUNTY COURT CLAIM dated [xxxxxxxxxx]

I am writing to acknowledge receipt of the above letter.

I deny the claim and that any debt exists. If you persist with being unreasonable in this matter then I will robustly defend this claim.

Although I whole heartedly dispute that a debt exits, I request that this matter be placed on hold for 30 days, whilst I seek advice on this matter. Unless of course you wish to be reasonable and revoke the PCN.

To have issued this PCN to someone attending a Hospital’s emergency department and as a result of a failure of YOUR systems to identify the vehicle at the payment point, is both baffling and devoid of humanity.

I invite you now to save wasting everyone’s time and revoke this PCN.



Yours faithfully

KeithP

"whilst I seek advice on this matter"

Add the word 'debt' in there, so that it becomes "whilst I seek debt advice on this matter"

Otherwise, that's fine.

RagingMad

So, Brief Recap and Update: 

Parked at University Coventry Hospital in 2019 (ANPR Carpark run by CPP) - When it came to pay the machine didn't recognise my vehicle reg.  Followed on screen instructions.  Machine invited me  to pay amount based on how long i'd been there.  Which i did

Got PCN from CPP, appealed and sent them copy of my receipt.  They rejected appeal, saying i didn't pay enough.  Appealed to POPLA, tried telling the truth.  Appeal REJECTED.  They sent a LBCCC, I found this thread and people here helped me respond with suggested amendments above.  Then Covid hit and i didn't hear anything at all.  Now, just last week i receive a letter from DBCL ltd "Notice of Debt Recovery", the 14 day  letter.  Which references the PCN that started this thread.

I've read :  DCBL letters ..... forum group thread — MoneySavingExpert Forum

Very Good thread.  So as per advice in that thread, i am ignoring the DBCL Ltd letter.  I will update as and when events unfold.

Le_Kirk

Correct to ignore as it is standard fodder for the bottom of the budgie's cage - or debt collector letter as it is sometimes known!

Coupon-mad

Sounds like they had no intention to sue and it's one of a batch of CPP and ParkingEye old cases that they have recently farmed out to DCB Ltd, to recoup some lost monies during the COVID year.

Please don't leave the forum for months, we need you now!

Do us and yourself (and the driving public) a favour and stick around on this forum every week - at least for the Summer - to ensure you see when the Government publish and open the final Technical Consultation.

We will be talking about it and the public will have about 4 weeks we think, to tell the MHCLG what you think about the level of parking charges, that the MHCLG has admirably decided already will start at £50 (50% discount) and not £100:

Outcome of 2020 Consultation (look what the public comments achieved so far):

https://www.gov.uk/government/consultations/parking-code-enforcement-framework/outcome/parking-code-enforcement-framework-consultation-response

Planned Summer 2021 additional Public Consultation:

https://www.gov.uk/government/news/government-to-open-technical-consultation-on-fairer-parking-charges

It's not open yet but please keep checking back here to see when it is. 

We need real people like you to counter the spamming that happened last time from the industry.  I am sure you will have a view about what lower level of parking charge (and Appeals Charter full cancellation rights) should apply in Hospital car parks.