Earlham House Parent & Child Bay ‘fine’- ignore or not?

tangofingers

Thankyou, so the letter I received is not a genuine LBC on the basis that it doesn’t conform to paragraph 3 of the pre-action protocol and doesn’t include reply forms? Why would their letter even direct the recipient towards the protocol?! 

Fruitcake

tangofingers said:

Thankyou, so the letter I received is not a genuine LBC on the basis that it doesn’t conform to paragraph 3 of the pre-action protocol and doesn’t include reply forms? Why would their letter even direct the recipient towards the protocol?! 

Because they hope the recipient is not savvy enough to realise it's all smoke, mirrors, and lies, and hope the recipient will crumble and pay up.

tangofingers

okay looks like I finally got the LETTER BEFORE ACTION. Includes the forms, 30 days to reply, etc. “We will be commencing legal action”. Signed Bethany from Legal Department (NPE Ltd). What are my next steps please? 

Coupon-mad

Just reply as per the NEWBIES thread.

  

tangofingers

Sorry to say this, but I find the information in the Newbies thread so overwhelming and quite convoluted. If I were to reply, i think it would be with this template? The Newbies thread says do not send a letter- I should reply to the email included in the LBA (their ‘legal department’)?

However I can see other threads https://forums.moneysavingexpert.com/discussion/6252829/pcn-from-sep-20/p6 and https://forums.moneysavingexpert.com/discussion/6417767/npe-parking-charge-letter-before-action that the advice was to ignore because it was not a real LBC. My LBA looks exactly the same as theirs…do I have just another ‘scary letter’??

Le_Kirk

You seem to have found a suitable reply; only request the 30 day hold if you have a reason (work commitments etc) for doing so.  You want to ask the VAT question so, when they respond with their usual flannel, you can report your concerns to HMRC.  If the letter gives you 30 days to reply and contains the financial forms (which you do not complete) it is a real LBC.

tangofingers

Thankyou, I’m drafting my letter now.

I was the driver, but I’m not the registered keeper (my partner is), so I’m writing the letter as the registered keeper (partner is on board). At this stage, is it wise to include this, found on another thread referred to in the Newbies: 

“I am the registered keeper of the vehicle. I am not obliged to identify the driver and I decline to do so. As there is no legal presumption that the keeper of a vehicle was its driver on any particular occasion, you cannot pursue me as driver (see VCS v Edward, 2023). 

As you cannot pursue me as driver or keeper, it would be an abuse of the court’s process for you to issue a claim against me and I will defend any such claim vigorously and seek costs in relation to your unreasonable conduct”

Please and thankyou! 

Coupon-mad

Yes that's fine to add.

tangofingers

So, a month after my (written as my partner- reg’d keeper) reply to NPE’s Letter Before Action (during which time I received an identical Letter Before Action, dated a month after the first!), we have heard back from them. Justifying the £70 administration fee and requesting again that I pay up. No mention of court action. Ignore/next step please? 

“In line with the International Parking Community’s Code of Practice, it stated in the Code of Practice Version 8 effective from 1st July 2021 and in Version 9 effective from the 1st January 2924 under section 15.3 “Where a Parking Charge becomes overdue a reasonable sum may be added. This sum must not exceed £70 unless Court Proceedings have been initiated”, and in the most recent Single Code of Practice for Car Park operators, it now states in Section 9 “Where a Parking Charge becomes overdue a sum of up to £70 may be added.” Therefore, the amount is reasonable and in line with the Code of Practices as an administration fee of an overdue Parking Charge. 

The Parking Charge is based on a breach of contract, as the terms and conditions on site were breached. 

Under the Protection of Freedoms Act 2012, we are able to hold yourself liable for the recovery of the unpaid parking charge. 

The Parking Charge is now £160, we can confirm that we have now made this available online at (address) and over the telephone on (number). 

D_P_Dance

I am struggling to understand how they know, (and can prove) that you were not at any time accompanied  by a child.