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Letter Before Claim PCN


Actions to date:
Newbie threads read
debt recovery letter ignored
email to land owner sent (no response)
Update:
letter before claim received
Situation:
postal PCN in form of NTK was sent to old address so never received.
LBC now received and following advice to reply - please can I ask you to check my email below to the solicitors who sent the letter [i've left out identifiable information] and to let me know if there's any points I'm missing or other actions I shoud be taking?
Dear Sir/Madam,
Re: Letter Before Claim dated ***
Reference: ***
Vehicle Registration: ***
I write in response to your Letter Before Claim regarding an alleged parking contravention on *** at ***, land operated by or adjacent to *** Port Authority.
I dispute this claim in full.
No Parking Charge Notice (PCN) was received at the time, and no windscreen notice was left on the vehicle. Your client’s Notice to Keeper (NTK), dated ***, may have been issued within 14 days as per Schedule 4 of the Protection of Freedoms Act 2012 (POFA), but it was sent to a previous address and was not properly served. As a result, I was denied any fair opportunity to appeal or engage with the matter in a timely fashion.
Your NTK includes close-up images of the vehicle, implying that an attendant was present. Despite this, no PCN was served to the vehicle, and no attempt was made to alert the driver directly, even though the vehicle was not left unattended.
At the time of parking, there were no prominent signs visible to the vehicle's occupant(s). The defendant did not understand that they were entering into any contract, and it is denied that any terms were accepted by conduct or otherwise. The car park was reasonably believed to belong to the adjacent gym. There will be no admissions as to who was driving, and no assumptions can be drawn.
Further, I understand that this site may fall under the jurisdiction of *** Port Authority and be subject to statutory control or byelaws. If confirmed, such land is not deemed “relevant land” for the purposes of POFA, and keeper liability cannot apply. Even if POFA were engaged, your client has not complied with its strict conditions to establish keeper liability.
I am the registered keeper of the vehicle. I decline to identify the driver and am under no legal obligation to do so. There is no presumption in law that the keeper was the driver (VCS v Edward [2023]). Your client must prove driver liability, which is denied.
Accordingly, and in line with the Pre-Action Protocol for Debt Claims, I require the following:
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Confirmation of whether your client is relying on POFA to pursue me as keeper.
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A full copy of the NTK, including proof of date and method of posting or service.
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Clarification of whether the driver has been identified — and if so, on what basis.
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Copies of all evidence your client intends to rely on, including:
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The original PCN and any subsequent correspondence
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Photographs of the signage and of the alleged contravention
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A site plan showing the signage locations and visibility
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A copy of the contract between your client and the landowner
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Evidence that your client has authority to operate and issue charges on this land
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Confirmation of land ownership and whether byelaws apply, with a copy of the relevant byelaws if so
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Please treat this as a formal request for disclosure. No further response will be made unless and until this information is provided.
Important Address Update:
I will be moving house on ***. Please update your records to ensure any further correspondence, including service of any claim form, is sent to: ***
Failure to serve correspondence correctly or comply with the Protocol will be brought to the attention of the court.
Yours faithfully,
***
Any feedback or pointers much appreciated!
Comments
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Re the address change, you should be using the wording in the LBC response in the NEWBIES thread.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
"The defendant did not understand that they were entering into any contract, and it is denied that any terms were accepted by conduct or otherwise."
The only entity that can enter into the contract (signs) is the driver - you seem to indicate that you are the driver.
If you intend keeping that sentence suggest you put "driver" instead of defendant3 -
Thank you both - I'll make the two amendments, anything else to consider? What is the chance of this being cancelled at this stage out of interest?0
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No chance! That never happens. They don't cancel cases or they don't have a hope of making any money.Which PPC and which legal firm?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1
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