Had an excess charge notice (private land) September 2016. I won, I think!

TW100

Hi all. Back in 2016 I received a letter from LPS asking for payment of a PCN issued to my vehicle.  I was not the driver of the vehicle at the time.  I later found a ticket under the seat for an Excess charge notice from LPS.  The land is private and so I have ignored all correspondence as I read that an ECN is council enforcement.   I thought this was a scam.  5 years later, I have received a court order and now have to build a defense.  Can anyone help me?  I was not the driver of the vehicle at the time. 

KeithP

TW100 said:

I have received a court order and now have to build a defense.

Do you mean you have received a County Court Claim?

If so, please tell us the Issue Date on it.

If not, please tell us more about what this 'Order' is about.

And by the way, there is no letter 's' in defence.

Coupon-mad

Also, double check, was this REALLY headed up 'Excess Charge'?

TW100

Thanks, both for your replies.  Yes, Keith, you are correct!  Defence it is.  Auto checker changes it so I will be sure to double-check.

Yes, A County Court Claim, issue date, 9th  December 2021, St Katherine's House.

The original ticket is a long, thin one with LPS at the top in large letters and says 'Excess Charge Notice'.  Issued 22/09/2016.

This was followed up with a letter from LPS, dated 25th October 2016, stating that they had issued me with a PCN.  As they are two different things, I assumed this was a scam and have ignored every letter since.  I have, however, kept all correspondence.  I never received a, NTK or NTD.  Should this have been the 1st correspondence and the correct order?  I have no idea.

1505grandad

Can you state the full name of the ppc as there are several with the same initials  -  different entities being AoS members of BPA or IPC

TW100

Local Parking Security Ltd

Redx

Do the AOS online , after reading posts 5 & 2 of the newbies FAQ sticky thread near the top of the forum in announcements

Then email a SAR to the DPO at LPS to obtain all your data attaching a copy of the claim form as proof of I D under the GDPR law

Then start adapting the template defence by coupon mad at the top of the forum in announcements , showing us only your adapted paragraphs below , not the rest of the template

2) will be a keeper but not the driver , liability is denied

The first postal Letter PCN was the NTK PCN , the one in the vehicle was a NTD , Notice to Driver PCN

POFA is crucial here so check both for compliance with POFA , as explained in the first post in the newbies FAQ sticky thread

Any court hearing will likely be next summer

Your deadline day for the defence is 33 days after the issue date , if you get that AOS done , but only the AOS on MCOL

Alter your spelling checker to UK English , from USA

TW100

Can I ask, at this juncture, can I just make the payment and not continue with the court or is it now too late?

Coupon-mad

Why would you do that, given Excess Charges are Council tickets only and timed out after six months not six years? Parking firms are not allowed to impersonate statutory authority.

Add that to your defence and you'll have it done this afternoon, because the template defence only takes most posters half an hour to edit.

No CCJ risk, no added costs risk, a no brainer not to defend and something to tell your family about when you win.

1505grandad

Can the paras from BPA CoP (Version 6 in this case) posted by C-m (5th June 2018) in the following thread be included in the Defence  -  the thread resulted in a win at POPLA:-

https://forums.moneysavingexpert.com/discussion/5809399/ntd-from-lps-local-parking-security-ltd/p4

Redx

TW100 said:

Can I ask, at this juncture, can I just make the payment and not continue with the court or is it now too late?

Depends on how much is on the claim form ? You have told us very little so far

A typical loss in court is about £200 , a typical claim is about £270 , so might as well fight , even if you lost in court !