JD PARKING SOLUTIONS LETTER OF CLAIM

B789

The NtK has no mention of PoFA or transfer of liability to the RK. Also, even if it did, it was "deemed" delivered outside of the 14 days allowed under PoFA. So, the RK cannot be liable for the charge.

However, you inadvertently and erroneously admitted to being the driver. As long as you are able to prove that your admittance was a mistake and you can prove it, then they have nowhere to go with this. 

As long as you have proof that you were at work until 3 pm on the day and the driving distance to the location of the parking event is easily over 25 minutes or more, then you have nothing to worry about. As for mistakenly admitting to being the driver on the day, we are all allowed to make mistakes and correct them if necessary.

If your proof is good and you have informed them of your mistake and can prove as much, if they decide to proceed with a claim, you can counterclaim and they cannot then wriggle out of it if they decide that you are not some low hanging fruit on the gullible tree and want to then discontinue.

icecoffee

B789 said:

The NtK has no mention of PoFA or transfer of liability to the RK. Also, even if it did, it was "deemed" delivered outside of the 14 days allowed under PoFA. So, the RK cannot be liable for the charge.

However, you inadvertently and erroneously admitted to being the driver. As long as you are able to prove that your admittance was a mistake and you can prove it, then they have nowhere to go with this. 

As long as you have proof that you were at work until 3 pm on the day and the driving distance to the location of the parking event is easily over 25 minutes or more, then you have nothing to worry about. As for mistakenly admitting to being the driver on the day, we are all allowed to make mistakes and correct them if necessary.

If your proof is good and you have informed them of your mistake and can prove as much, if they decide to proceed with a claim, you can counterclaim and they cannot then wriggle out of it if they decide that you are not some low hanging fruit on the gullible tree and want to then discontinue.

Thankyou for your advice. The IPC is saying that they are not pursuing it under pofa therefore don't have to comply with that? Am I correct in assuming that's even better for me as most cases are not enforceable in court? Another question is as I never had such a thing before and never dealt with the courts system what do you mean by counterclaim?  Thankyou again for your help

B789

They are pursuing you as the driver. You have explained to them that you were not the driver and can prove it. You are under no legal obligation to reveal the identity of the driver to an unregulated private parking company.

If they are even more intellectually malnourished than their peers, that is their problem and you will see them in court. Invariably, these scumbags continue to press on in the hope that you are a gullible victim who will succumb to their relentless pressure and pay up. If you show real resistance and defend robustly, they will often discontinue before it ever gets to a hearing.

If they discontinue, there is nothing much you can do to give them back some of the pain they have caused. By counterclaiming, even if they discontinue, they have to respond to the counterclaim. If you have counterclaimed for, say, unreasonable behaviour, you have the chance to persuade a judge that they owe you some for of compensation for that unreasonable behaviour and at least repay you for your wasted time or the expense of putting together your defence. They knew all along that you were not the driver because you proved it before it ever went to court. By continuing and then discontinuing, they have acted unreasonably.

Grizebeck

That isn't a letter of claim 
Ignore it .

icecoffee

Thankyou everyone will be back in case goes further. Thankyou again

Grizebeck

icecoffee said:

Thankyou everyone will be back in case goes further. Thankyou again

It won't .

Le_Kirk

In your OP you mention that you were confused because you were the driver but on a different day; was it the same or a different location; could the two letters you have received be for two different days, check the Parking Charge Number.

icecoffee

Le_Kirk said:

In your OP you mention that you were confused because you were the driver but on a different day; was it the same or a different location; could the two letters you have received be for two different days, check the Parking Charge Number.

Hi, the parking charge number is the same, therefore related to the same matter