Moorside legal letter of claim (I have responded to the claim)

Car1980

I stayed 3 minutes longer

You overstayed by only 3 minutes?

Surfallday

Car1980 said:

I stayed 3 minutes longer

You overstayed by only 3 minutes?

yes. Its ridiculous isn't it 

Coupon-mad

Surfallday said:

Coupon-mad said:

I assume the OP wrote in the name of the keeper? If so, does the keeper wish to transfer liability to you? Why haven't they?

I have just copied and pasted the information you have posted on newbies and sent the email. I have not told them anything else apart from that. In the original post I am just explaining on the forum that I was driving. 

No you didn't, you added all this to the recommended LBC reply, none of which is true and it mentions "two PCNs "ghost ticketing" a SAR, and two different car park addresses:

I am the registered keeper, but I wasn't driving the car.  Kindly revert back to Alliance parking with the following:

I have researched the PoFA 2012, which does not apply at Parc Tawe retail park. Alliance parking must cancel and erase my data, as I am not the liable party and I decline their belated request to name the driver.

Had you and Alliance parking bothered to actually post the 'ghost PCNs' x2 (original and as part of the SAR reply but which miraculously BOTH never arrived I'd have told you the above fact and you could have avoided this waste of time. Furthermore, you SAR still remains incomplete even though it was requested twice.

If you persist in processing my data and in the event of filing a court claim, take note that I will file a Part 20 counterclaim for not less than £500.  This will be claimed as damages for distress arising as a result of clear breaches of the DPA 2018 and/or the Protection From Harassment Act 1997.

I will rely upon the case of Simon Clay v Civil Enforcement Ltd and similar cases that have succeeded.  I will accept only a cancellation of the respective PCNs by way of settlement in this matter.

As 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, your client cannot pursue me as driver (see VCS v Edward, 2023). 

As you and your client are well aware, there is no keeper liability at Gateway House because the private service road is not ‘relevant land’ as defined in Schedule 4 to the Protection of Freedoms Act 2012. Therefore, your client cannot pursue me as keeper

.As well as all of the above being irrelevant to your case (and effectively a pack of lies. I don't know where you found it or why you added it to the LBC response template), there is also the fact that no PCN can have been issued for overstaying by 3 minutes.

That isn't possible. What do you mean?

Car1980

It's not possible if they're following the BPA code of conduct. But Alliance seems to be a small fry operator that might well go rogue. Their website is under construction!

Cant find any evidence of them actually taking anyone to court.

3 mins over ignores the grace period, and is de minimis anyway. 

Coupon-mad

They have not issued a PCN for a 3 minute overstay unless it was at a drop off/short stay area..

Surfallday

Coupon-mad said:

They have not issued a PCN for a 3 minute overstay unless it was at a drop off/short stay area..

It was a aldi car park. I went to the cinema but used their carpark. I received a letter from alliance which I no longer have but I'm genuinely not lying about this, it stated I went over by 3 minutes. that's embedded into my head because of how ridiculous it is. 

I have copied and pasted 2 parts, the section you wrote in LOC and then I have used someone else's who are fighting a LOC and put the 2 together as  I thought it would be better to do so. So that is my mistake for being a bit dense. My question is now, Have I messed this up totally, resulting in having to pay this charge? 

Surfallday

I forgot to add. The carpark stated a 3 hour stay max. I argued with them because I did not see a single sign. They wouldn't show me photos of the signs at night time. They just sent me photos of the signs in the day which stated 3 hours

Coupon-mad

The PCN was not for being 3 minutes over.

I am telling you that is impossible, due to the years-old mandatory 10 minute grace period. Was it on a Sunday? Or evening? I expect the time limit was reduced during certain hours.

I would reply again to Moorside and say you got this PCN muddled up with another one and to disregard your earlier reply.

Then add that you know nothing about this one and believe the car park had a 3 hour free parking allowance which was not breached . 

Surfallday

Coupon-mad said:

The PCN was not for being 3 minutes over.

I am telling you that is impossible, due to the years-old mandatory 10 minute grace period. Was it on a Sunday? Or evening? I expect the time limit was reduced during certain hours.

I would reply again to Moorside and say you got this PCN muddled up with another one and to disregard your earlier reply.

Then add that you know nothing about this one and believe the car park had a 3 hour free parking allowance which was not breached . 

My apologies you're right I checked my first letter and I overstayed by 22 minutes. 3 hrs and 22 mins. They have now changed the parking to 2 hours but it also states this on google "Customers of certain stores could park for 2 to 12 hours, while non-customers had a 2-hour limit" I was using the cinema but these rules didn't apply in 2022. 

Could you please advise what I should email them now? Obviously I will say ignore that last email as I had it muddled up with a different PCN as you said. Thank you

Coupon-mad

Just put that.