JD PARKING SOLUTIONS LETTER OF CLAIM

icecoffee

Good afternoon everyone,

I received a PCN from the above company, PCN was over 14 days pofa however unfortunately submitted an initial appeal saying I was the driver, this in fact was incorrect as I was the driver at the same location but on a different day and I've let them know of this. I have proof that I wasn't there at that time that day, this company wants to pursue me as they believe I was the driver. Can someone please advise what to do? 

Thankyou

Coupon-mad

Respond to the LBC confirming again that you were not the driver on this occasion (as their clients know already) and asking the solicitors to explain why the registered keeper is being pursued, and to state whether the Notice to Keeper was POFA compliant or the alternative basis for the purported cause of action against a stranger to the contract.

Ask them how they are getting on with the DLUHC's Call for Evidence and why they've added an unconscionable sum of money on top of the already extortionate PCN, when it's clear the DLUHC intend to ban that and have exposed the +£70 'damages/fee' as untrue.

Which Solicitor?

icecoffee

PCN and letter of claim attached

icecoffee

Coupon-mad said:

Respond to the LBC confirming again that you were not the driver on this occasion (as their clients know already) and asking the solicitors to explain why the registered keeper is being pursued, and to state whether the Notice to Keeper was POFA compliant or the alternative basis for the purported cause of action against a stranger to the contract.

Ask them how they are getting on with the DLUHC's Call for Evidence and why they've added an unconscionable sum of money on top of the already extortionate PCN, when it's clear the DLUHC intend to ban that and have exposed the +£70 'damages/fee' as untrue.

Which Solicitor?

They are not a solicitor but the same firm who issued the parking fine, they using the name Direct Debt Recovery however at the bottom you can read t/a JD Parking solutions ltd with same company number, so would be interesting to explain the increase in of 70£

KeithP

There's a date discrepancy on those two Notices you have shown us.

The Notice to Keeper from JD Parking Solutions states...

The Final Notice - Letter of Claim from Direct Debt Recovery states...

icecoffee

KeithP said:

There's a date discrepancy on those two Notices you have shown us.

The Notice to Keeper from JD Parking Solutions states...

The Final Notice - Letter of Claim from Direct Debt Recovery states...

well spotted, thank you, didn't see that myself. what do you advice? let it go to court or let them know? as I've said it's the same business who has sent the letter of claim

B789

That PCN is not PoFA compliant, in any way, shape or form. As long as you have proof you were not the driver, there is little they can do about it except prepare for a spanking in court, should they ever be so stupid as to progress it that far.

icecoffee

B789 said:

That PCN is not PoFA compliant, in any way, shape or form. As long as you have proof you were not the driver, there is little they can do about it except prepare for a spanking in court, should they ever be so stupid as to progress it that far.

Apparently for the IPC which they are members of they are not using pofa to pursue this.

This is the response given to my complain from ipc

B789

icecoffee said:

Good afternoon everyone,

I received a PCN from the above company, PCN was over 14 days pofa however unfortunately submitted an initial appeal saying I was the driver, this in fact was incorrect as I was the driver at the same location but on a different day and I've let them know of this. I have proof that I wasn't there at that time that day, this company wants to pursue me as they believe I was the driver. Can someone please advise what to do? 

Wait for your day in court and show proof that you were not the driver and there is nothing they can do to salvage it. If they do actually issue a claim, it may be well worth counter claiming, as long as the proof you have that you were not driving is valid.

icecoffee

B789 said:

icecoffee said:

Good afternoon everyone,

I received a PCN from the above company, PCN was over 14 days pofa however unfortunately submitted an initial appeal saying I was the driver, this in fact was incorrect as I was the driver at the same location but on a different day and I've let them know of this. I have proof that I wasn't there at that time that day, this company wants to pursue me as they believe I was the driver. Can someone please advise what to do? 

Wait for your day in court and show proof that you were not the driver and there is nothing they can do to salvage it. If they do actually issue a claim, it may be well worth counter claiming, as long as the proof you have that you were not driving is valid.

Correct, I've finished work at 3pm and contravention took place at 15:22. That location is over 40min away with no traffic from my workplace. Can they claim that I've admitted I was the driver even though I have denied it afterwards as I wasn't honestly and was a shortsight of mine? Thankyou for your help guys

icecoffee

B789 said:

That PCN is not PoFA compliant, in any way, shape or form. As long as you have proof you were not the driver, there is little they can do about it except prepare for a spanking in court, should they ever be so stupid as to progress it that far.

When you say it's not compliant what do you mean? I just know about the date over 14 days. What else is missing? Thankyou