Replied to LBC, received reply

IanDior

I followed NEWBIES thread advice about replying to the LBC and received the following from P4Parking. Unsure of next steps. I would normally pay these but the circumstances around this one are ridiculous and have been denied by POPLA already.

" Dear.... A copy of your appeal and appeal reply including pictorial evidence provided by the warden at the time

of the contravention, showing the expired permit on display and the location of the signage relation to

the vehicle. The Appendix of authorisation from the landowner is also attached.

As previously advised this parking charge was appealed by you on 11/05/23 and your appeal decision

was sent to you on 15/05/23. You then submitted a further appeal to POPLA on 31/05/23 and they

refused your appeal on 12/07/23 ruling that the parking charge was issued correctly. When you

submitted your appeal to POPLA, We provided all the documentation you are requesting now. Once we

submit our evidence pack to POPLA, POPLA provide it to the appellant to view, to enable you (the

appellant) to add further comment. This information, along with your appeal and any evidence you

provided were considered by the POPLA assessors before reaching their decision.

Upon entry to the private land, it is the duty of the motorist to review the terms and conditions, and

comply with them, when deciding to park. Your vehicle was parked displaying an expired permit. It is

the motorist duty to read the information written on the permit by displaying the permit you are agreeing

to the expiration date and time. It is the permit holder’s responsibility to ensure the permit is renewed on

time. The permit expired on 31/03/2020, Motorist’s parking on private land must comply with the

advertised terms and conditions and therefore you failed to follow the terms and conditions offered at

the site. The BPA Code of Practice explains the driver must have the chance to consider the Terms and

Conditions before entering the parking contract, if having had the opportunity, the driver decides not to

park but chooses to leave the car park, you must provide them with a reasonable consideration period

to leave. The reference to a consideration period shall not apply where a parking event takes place.

From the pictorial evidence provided by the warden we can see that the terms and conditions are

displayed around your vehicle for you to consider however your vehicle was parked and left unattended

and therefore the consideration period does not apply, as a parking event took place.

The parking charge amount of £100 now due is for breach of contract and was offered at the reduced

charge of £60 if paid within 14 days of the contravention and then again within 14 days of your appeal

response.

This account has now been put on hold for a further 30 days to allow you to seek debt advice as

requested. We also confirm that your personal data is being processed in compliance with GDPR and

will not be shared with unauthorised third parties.

Kind regards,

P4Parking."

Gr1pr

Ignore,  file away,  no paying 

ChirpyChicken

P4 Parking seem to have issued a lot of LBcs directly recently. Be interesting if just a debt collection tool or they will issue claims directly
Let us know please if you get a claim.

IanDior

ChirpyChicken said:

P4 Parking seem to have issued a lot of LBcs directly recently. Be interesting if just a debt collection tool or they will issue claims directly
Let us know please if you get a claim.

Will do. So as Gr1pr has suggested, no further action from me at this stage until I receive a claim? 

ChirpyChicken

Correct if you ever get one

Coupon-mad

IanDior said:

ChirpyChicken said:

P4 Parking seem to have issued a lot of LBcs directly recently. Be interesting if just a debt collection tool or they will issue claims directly
Let us know please if you get a claim.

Will do. So as Gr1pr has suggested, no further action from me at this stage until I receive a claim? 

Sit tight. Do nothing except the below.

By going confidently into the 'ignore' stance, the only steps to take are:

- Tell them if you move house within 6 years.

- Ignore the tedious £170 threatograms shown in pictures in the 4th post of the NEWBIES thread. Look at those photos now.

- Come back if you get a solicitor's LBC as per the 2nd post of the NEWBIES thread.

Nobody pays a penny and no hearing is even needed in most cases. Search the forum and read a few cases as they are easy to beat by waiting for a claim form - it is easier than appealing!

There is no risk AT ALL in defending a court claim. No CCJ. No bailiffs. But we doubt you will even get to that stage. The only important thing is to make sure they and their debt crawler dogs always have your correct address, so you get to see all letters.

That's it!