PCN but valid ticket displayed if it goes to court would I loose?

Dumbdriver1

A year ago, A driver parked brought a ticket and displayed it. Went for a walk came back there was a PCN on the window stuck on top of the valid ticket which had a good 12 hours left on it, having had experience of underhand practices at this car park previously the driver took a photo of the PCN placed on top of the parking ticket and kept the original ticket and PCN and in fact future tickets purchased for that particular car park for the period the driver was there just in case.  It was a wet and windy day and clearly the car park and its attendants needed to boost revenue by using these tactics.  Heard nothing else for 13 months, now received letter of claim.  The Keeper has requested SAR.  The Driver is reluctant to show their hand to them just yet but should they make contact with them and tell them the information they have as a judge may say they have not made any attempt to resolve it?  The Driver or Keeper has no problem going to court.

Fruitcake

What is the name of the PPC please?

Was a NTK ever received, and if so, was it PoFA complaint? Also, was an appeal made at the time either to the NTD or NTK?

If the driver's identity has not been revealed to the scammers, then edit your post to remove information about who did what. Only ever refer to The Driver and The Keeper, who are two different people as far as the law is concerned.

Start by reading the second post of the NEWBIES especially the guide to court written by bargepole. If the scammers have added on a fake amount, usually around £60, then also read the abuse of process thread written by beamerguy.

What happened when you complained to the landowner?

Have you complained to your MP yet about this unregulated scam?

nosferatu1001

You must respond to the lba, must. Not optional  the newbies thread will have the info you need 

what was the pcn issued for? We don't even know that...

Coupon-mad

I am reluctant to show my hand to them just yet but wonder if I should make contact with them and tell them the information I have as a judge may say I have not made any attempt to resolve it?

Yes you should.  But please answer the above questions first.

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Dumbdriver1

The Driver as detailed in the post received a PCN however had a valid ticket in the window.  The Driver took no action and the Keeper received no correspondence until now 13 months later.  Whether the parking company sent other corrispondance it who knows , although they are sure to say they sent it if it something they are required to do.

The Letter of claim arrived yesterday from Alliance Parking and the Keeper did a SAR no further action has been taken as yet.  
The fine was as expected £100 and yes the claim is now £160 but as the Letter of claim contains no details other than a date and amount we have no further information at this stage.  It is really only by chance we still have the original PCN and tickets and so are able to tally the two dates.
The Driver was on holiday at the time and so it is not possible to visit the site, no clue who the land owner is or their local MP although that could be established not sure in the present climate if they would pay any interest they must get thousands of these due to the location of the car park.

beamerguy

The Letter of claim arrived yesterday from Alliance Parking and the Keeper did a SAR no further action has been taken as yet.  
The fine was as expected £100 and yes the claim is now £160 

Is the claim actually from Alliance or via one of the dodgy legals ???

The £60 is abuse of process
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

nosferatu1001

1) not a fine
2) respond to the LBC, as the newbies thread instructs
3) Google them. 

Dumbdriver1

Is the claim actually from Alliance or via one of the dodgy legals ???

Yes from Alliance and so can not sent a letter to their legals.
Carpark is in a holiday town its not attached to a retailer etc if it was the driver would have complained at the time.
The Keeper can complain to IPC, BPA DVLA etc no problem.
The Keeper is not sure if they should be contacting AP to explain or if we should wait for the SAR which we are going to presume will never turn up.

Ralph-y

If you want to risk 'judge bingo' not often , but on rare occasions even the best defences fall on deaf ears.

Find out who owns the land ... local council .. who pays non domestic rates .... land registry ... this will be the only way to end this early.

The SAR will turn up or you report them. It can take up to 30 days ...

Ralph

Coupon-mad

Same answer as I just gave to the other person with the Alliance Parking LoC.  Please read today's threads.