Received parking notice despite having entered my registration details

Coupon-mad

You can mention it and tell them their client has no chance, so jog on. Be as rude as you like, within reason (might be read later at a hearing so passive rudeness to this scum is OK but not more!)

Top_Drawer

Hello, 

This is the redrafted letter. I'm not entirely sure why I the drafted letter includes the request for an additional 30 days - does this cost them something?    Any comments would be much appreaciated.

I am not shy in admitting that I am absolutely terrified that this will go to court - I can't afford to lose, I also can't afford to pay either. I think I've read every case in history relating to parking tickets and feel like I am inevitably going to lose. 

edited in: 

I also remembered that the second time I entered the venue and entered my VRM, there was a young lad behind the counter, who commented on the ingenuity of having the VRM written on my phone case. It's still there in fact and I've never had another blimp despite the fact that I go to the gym x3 a week and and we have one of these machine, the health centre also has one and never have I had a similar brain freeze. Now I'm not so sure if I did mix up the code due to my dyslexia. I've always blamed myself in these sort of situations, but now I'm not so sure. I had another look at the evidence they present too and according to that I've replaced KH with PF, like !!!!!!, it could be a dyslexia mistake. 

I've put it down to this because on the first occasion the swimming teacher boss was in the reception and was standing at the side of the machine and made some rude remarks about how long I took over entering the VRM and my rather excited nephew - honestly the way some people react to disabled children is quite a shock. I honestly can't get over how little patience people have out in the wild sometimes. Hence I assumed it was me that was the issue and now I'm really not sure. 

Dear Sir/Madam,

Re: Proposed Legal Proceedings

Claimant: Civil Enforcement Ltd

I refer to your letter of claim dated XXXX. As the registered keeper of the vehicle in question, I acknowledge receipt of your correspondence. However, I would like to clarify that my response does not in any way admit liability or confirm the identity of the driver at the time of the alleged infraction.

Dispute of Alleged Debt:

I dispute the alleged debt in its entirety and intend to vigorously defend against any court proceedings. I am currently seeking independent debt advice and therefore, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP'), I formally request that this matter be put on hold for an additional 30 days.

Complaint Regarding Issuance of the Letter:

I also wish to register a formal complaint regarding the issuance of your letter. Despite my previous correspondence, which clearly outlined that the driver entered the vehicle registration number (VRM) incorrectly, your evidence confirms that a VRM was indeed entered. There is no financial loss associated with this mistake, as the parking fee, if any, was effectively covered.

It is also worth noting that your letter was delivered in such a way that I was unable to take advantage of the reduced fee for early payment. 

I also request that you provide evidence that the payment machine was functioning correctly on the date in question.

Inflated Charges:

I have observed that the amount being claimed has been significantly inflated, which the Government has previously identified as an "extortionate" practice. Under the PAP, I am entitled to specific answers to the following questions:

1. Does the additional £70 you are claiming represent a 'Debt Recovery' fee? If so, please confirm whether this is net or inclusive of VAT. If the latter, please explain why I am being charged the operator's VAT.

2. Regarding the principal amount claimed for the PCN: Are you claiming this as damages, or will it be pleaded as consideration for parking?

POPLA Appeal and Grounds for Reconsideration:

I have already appealed to POPLA, but my appeal was unfortunately rejected. I believe this decision was unjust for the following reasons:

1. No Financial Loss: Civil Enforcement Ltd incurred no financial loss as there was no payment due for the parking on the dates in question.

2. Good Faith Effort: I made genuine efforts to comply with the parking requirements, and any errors made were entirely unintentional.

In light of the above points, I respectfully request that you reconsider and cancel the two PCNs. Should this matter not be resolved amicably, I am prepared to present my case to the relevant authorities, including pursuing it through the court if necessary. However, I hope we can resolve this issue swiftly and fairly without further escalation.

Please confirm receipt of this letter and the cancellation of the two PCNs at your earliest convenience.

Thank you for your understanding and cooperation.

Yours faithfully,

Coupon-mad

The 30 days slows them down.

Remove all this, especially the 'no loss' argument which has no legs at all based on the Beavis case law:

POPLA Appeal and Grounds for Reconsideration:

I have already appealed to POPLA, but my appeal was unfortunately rejected. I believe this decision was unjust for the following reasons:

1. No Financial Loss: Civil Enforcement Ltd incurred no financial loss as there was no payment due for the parking on the dates in question.

2. Good Faith Effort: I made genuine efforts to comply with the parking requirements, and any errors made were entirely unintentional.

In light of the above points, I respectfully request that you reconsider and cancel the two PCNs. Should this matter not be resolved amicably, I am prepared to present my case to the relevant authorities, including pursuing it through the court if necessary. However, I hope we can resolve this issue swiftly and fairly without further escalation.

Please confirm receipt of this letter and the cancellation of the two PCNs at your earliest convenience.

Thank you for your understanding and cooperation.

Top_Drawer

ok I'm really confused - remove everything below 

POPLA Appeal and Grounds for Reconsideration? 

Is there anything I should add? It seems crazy that they're allowed to charge such extortiate amount with no actually loss to themselves?! I'm having computer problems so bear with me. 

It's due Friday so I need to get it posted off soon :  ((

Is this any better? 

Dear Sir/Madam, 

 I acknowledge receipt of your Letter Before Action dated [insert date], regarding the Parking Charge Notices [PCN numbers]. 

I do not accept liability for the amounts claimed, and I intend to defend this matter should it proceed to court. However, I am open to resolving this matter amicably without the need for further legal action. The charge is disputed on the grounds that: 

- The mistake in entering the VRM was minor and should be considered a de minimis error. 

- There was no financial loss to your client, as the correct parking fee was paid. 

- The signage at the site was insufficient to clearly convey the terms of the contract. 

Please provide the following: - Copies of all evidence you intend to rely on, including photographs, signage, and payment records. - 

A detailed breakdown of the amount claimed, including an explanation of any additional charges such as 'debt recovery' fees. As I am currently seeking independent legal advice, I request that this matter be put on hold for 30 days in accordance with the Pre-Action Protocol for Debt Claims. 

In light of the above points, I request that the Parking Charge Notices be canceled. Please confirm receipt of this letter and the cancellation of the claims at your earliest convenience. Thank you for your attention to this matter. Yours faithfully, 

Coupon-mad

You are still talking about 'financial loss' in that draft. Bin it and use the template LBC response already written because your versions are showing them that you don't know about the case law (Beavis).

What you've written weakens your position.  Add nothing to the template response.

ok I'm really confused - remove everything below 

POPLA Appeal and Grounds for Reconsideration? 

Yes.

Like I said. Bin that. I quoted it ALL. Bin it all.

It seems crazy that they're allowed to charge such extortionate amount with no actually loss to themselves?! 

Crazy yes. It was painful at the time. Clueless judgment that has led to a tsunami of parking court claims ever since. But that's trite law from the Supreme Court.  Nothing you can say about that so stop digging holes for yourself that make them think they've hooked a victim who doesn't know.

Top_Drawer

Right, it's printed - exactly as detailed in the thread. 

I pray that they'll drop the matter as I don't know how much more my nerves can take. 

I doubt it though, with that amount of money at stake I wouldn't either. 

Tomorrow I'll post it and get the free proof of postage. It doesn't say on the addy but I have heard the CE ltd have a PO box so any recorded delivery wouldn't be possible. 

KeithP

Top_Drawer said:

Right, it's printed - exactly as detailed in the thread. 

I pray that they'll drop the matter as I don't know how much more my nerves can take. 

I doubt it though, with that amount of money at stake I wouldn't either. 

Tomorrow I'll post it and get the free proof of postage. It doesn't say on the addy but I have heard the CE ltd have a PO box so any recorded delivery wouldn't be possible. 

Posting?? Proof of posting?? PO Box?? Recorded Delivery??

Surely you're emailing it?
...or what have I missed?

Top_Drawer

KeithP said:

Top_Drawer said:

Right, it's printed - exactly as detailed in the thread. 

I pray that they'll drop the matter as I don't know how much more my nerves can take. 

I doubt it though, with that amount of money at stake I wouldn't either. 

Tomorrow I'll post it and get the free proof of postage. It doesn't say on the addy but I have heard the CE ltd have a PO box so any recorded delivery wouldn't be possible. 

Posting?? Proof of posting?? PO Box?? Recorded Delivery??

Surely you're emailing it?
...or what have I missed?

It's very pre-1990's but yes, its a letter before action and there is no email address listed on the letter. 

Grizebeck

Legal3@ce-service.co.uk will do

Top_Drawer

Grizebeck said:

Legal3@ce-service.co.uk will do

Do you know anything about this company? Are they likely to pursue to court?