Letter before claim LDK GROUP

DonnaKebab

Hello, hoping someone can give me advice.

The driver parked at a private car park to drop off a broken mobile phone for repair at a neighboring shop. The car park provided only phone- or app-based payment methods, with no physical pay stations or cash/card options on-site. Because the driver's phone was non-functional—as confirmed by time-stamped repair receipts—it was impossible to pay the tariff, despite a complete willingness to do so. An initial appeal was made without disclosing driver identity, which the operator rejected on the grounds that only the driver could appeal. The keeper retains full repair receipts proving the impossibility of paying via the operator’s sole payment mechanism."

Can I dispute this due to the below:

• Frustration of Contract: The driver cannot be held in breach of a contract when the operator's sole payment infrastructure rendered performance impossible under the circumstances.

• Failure of Facilities: Private parking operators are required under industry Codes of Practice (BPA/IPC) to provide functional, reasonable payment mechanisms.

• PoFA 2012 Non-Transfer of Liability: As the Registered Keeper, you are under no statutory obligation to nominate the driver.

• Non-compliant POFA NTK

Gr1pr

respond to the sender using the LoC response template in the 2nd post in the newbies sticky thread near the top of the forum

Coupon-mad

"An initial appeal was made without disclosing driver identity, which the operator rejected on the grounds that only the driver could appeal."

Please show us that. It isn't true.

And show the non-PoFA PCN.

As pictures in a reply please, not as links.

SacredStephan

Removed……………………………………………

DonnaKebab

Thanks all. Pics uploaded.

SacredStephan

The date of the notice is 2023. (edit) Sorry I didn't realise that the parking event was three years ago.

Jame4ters

What is the date that the incident took place ?

Jame4ters

https://forums.moneysavingexpert.com/discussion/comment/82118322#Comment_82118322

Emma is wrong

DonnaKebab

https://forums.moneysavingexpert.com/discussion/comment/82118358#Comment_82118358

It was 05/08/23.

Car1980

Sorry, who is the Letter Before Claim from?

Them, or a bulk litigator / "solicitor"?

DonnaKebab

https://forums.moneysavingexpert.com/discussion/comment/82118484#Comment_82118484

Oak legal services