Parking or Stopping?

LDast

nameavailable said:

I see the VAT issue, now it has been pointed out, and am certainly willing to write to HMRC about it.

You don't even have to write to HMRC. It is all done online in a matter of minutes:
https://www.gov.uk/report-tax-fraud

Thorndorise

@nameavailable

I've just been thinking about what you said about contract, and the statement they are making about 'parking' vs 'stopping' - I noticed a 'glitch' (can't think of a better word) on Google maps when I went back and looked at it, look at this sequence of pictures...The first shows the approach to the roundabout next to the gates of doom...

The second is from the 'x' on the actual roundabout - and it shows two warning signs (on the lampposts) either side of said gates, that warns about no stopping.

The third, is the next 'x' just after the roundabout, and the signs have again, vanished.

You showed us a picture looking back to the roundabout with the gates on the left, no signs on the lampposts.

So, what gives? It seems that although the time stamp on the one's without the 2 signs is Sept 22, the only one that has the 2x signs on the lampposts is the one with an earlier timestamp of Aug 21. This indicates to me, in lay terms that the signs are no longer there, but were probably there prior to Sept 22 (i.e. at least there on Aug 21).

The spurious invoicer may well not even know that the signs are no longer on the lamppost.

All of this rests on the fact that they have not been replaced 'now' - i.e. when you were caught on the cctv....

Yet another identification of the fact that their comment about the £70 being added on the signage is nonsense if there was no signage... 

nameavailable

Coupon-mad said:

Yep we know the PAP.

And yes, respond to the LBC telling them to erase all other addresses except the one you are confirming to be correct in 2024.

Well they (NPE) confirmed my new address but obviously didn't erase my old one because last week they sent a 'Letter Before Action' to both addresses.

They are saying I now have 30 days to pay to avoid legal action, plus all the associated additional costs etc.

Their letter also included a load of information about debt advice plus a 'reply form' asking me to confirm if I owe the debt/don't owe/owe some plus a whole load of other information concerning how will I pay and all my income and outgoings etc.

As this is yet another 'pay up or we'll take further action' letter, do I just ignore this until they do actually initiate legal proceedings?

Apologies if I keep asking the same questions, but these letters are so spaced out that I forget about where I am in the whole process, which has been going on for over 9 months now.

Once again, many thanks for the support you give everyone affected by these nasty companies.

Gr1pr

LoC advice is still in the second post in the newbies sticky thread in announcements, please study it and respond to it 

You are at the LoC stage, prior to the court claim 

I would also suggest that you email the DPO at the parking company stating that they must ONLY use your current address for the service of papers and MUST ERASE your old address and not contact the old address again 

nameavailable

Just refreshing this thread following a Letter Before Action from NPE Ltd on 13th August and my re-reading of the newbies thread.

My understanding is that the LBA means a claim is likely and, as per the Newbies thread it gives a 30 day deadline and reply forms.  As per the newbies advice I have not replied, so I'm now waiting for a formal court claim.

I've read the guide to MCOL and the template defence in preparation and have been thinking about my defence.

Two things are currently bothering me:

1. When I did the online appeal thing, it was rejected (as expected) but their online reply included timed photos of my car in front of the gate showing that I was only there for 7 minutes (and some seconds, I can't remember precisely).  I didn't think to take a copy of the response because I assumed I could access the rejected appeal at any time, which turned out to be a mistake as it is no longer online so I don't have those photos.

I understand I could submit a SAR to NPE, and presumably get copies of the photos that way, but previous advice on here was to not do that so I haven't.  So now I'm unclear at what stage I'll get to access those photos, which I'll need as part of my defence.

2.  My PCN was issued for being in front of a No Parking sign rather than being in a controlled car park with lots of permitted conditions, which I uderstand gives rise to an implied contract,ie by parking here you agree to our terms etc.  But if there are no permitted terms, only a prohibition, I'm not clear how there can be an implied contract.  If true, then how can I defend myself using things such as the 10-minute grace guidelines etc?

So if there is no implied contract, is the case really one of tresspass for which the issue might revolve around damages, which of course there were none caused or incurred? 

I did write to NPE asking about the VAT issue and also "With regard to the principal alleged PCN sum: Is this for damages, or will it be pleaded as consideration for parking?" and their reply was "The Parking Charge is based on a breach of contract."  So I'm concerned that any defence based on tresspass would be thrown out in court and I'd lose the case.

Perhaps I need to wait for the next stage to see what they actually write on their court claim?

KeithP

nameavailable said:

Perhaps I need to wait for the next stage to see what they actually write on their court claim?

Today is the thirtieth following the issue of their LBA.
Yes, wait for that Claim Form to drop through your letter-box and then show us the contents of the Particulars of Claim box together with the Issue Date.

nameavailable

Just a quick update, even though there is nothing really to say.  It has all gone quiet and I've received no further communication or a claim form.

I'm hoping this means they've dropped the matter but am wondering how things have worked out for others in this 'limbo' situation.  How long is it before they cannot pursue me any further?  If ever?

Meanwhile, I like to once again thank all posters here for their advice and encouragement and to wish you all a peaceful Christmas and a healthy new year.

Le_Kirk

The PPC (well anybody really) has six years (five in Scotland) to start a claim