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    • zigger
    • By zigger 5th Nov 18, 1:06 PM
    • 8Posts
    • 1Thanks
    zigger
    Received LBCCC after believing charge had been cancelled
    • #1
    • 5th Nov 18, 1:06 PM
    Received LBCCC after believing charge had been cancelled 5th Nov 18 at 1:06 PM
    Good afternoon,


    Apologies for raising this one. I know there's a ton of info and guidance in the Newbies section. I just need a pointer in the right direction.
    In summary, my wife attended a meeting at a hotel which included complimentary parking, paid for by the organisers. She was told on arrival that a member of the hotel staff would come along and collect car registrations. For whatever reason, my wife was missed out (and I believe someone else too) and, unfortunately, she never gave it a thought.
    Subsequently, she received a PCN (the other person paid the 60 'without predjudice' offer) but we feel that the hotel was at fault and contacted the hotel to complain. The hotel Events Manager emailed us to say they had got the charge cancelled. Fast forward to another 'without predjudice' offer made to us and, after contacting the hotel again, the hotel stated that the charge had definitely been cancelled and it takes time for these things to happen.
    So now, a month later, we have received an LBCCC which seems to show that either the charge has not been cancelled, the car park management company is ignoring the hotel or it's some kind of automated letter and the cancellation has'nt caught up with them yet.
    I have emailed the hotel again but I am also mindful of the fact that I will need to respond to the LBCCC within 14 days.
    Any advice would be much appreciated. Thank you .
Page 2
    • beamerguy
    • By beamerguy 7th Nov 18, 12:12 PM
    • 9,315 Posts
    • 12,250 Thanks
    beamerguy
    [B]If JC becomes PM I suspect that the car owning classes may well be taxed into extinction.
    Originally posted by The Deep
    JC

    God help us TD
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Quentin
    • By Quentin 7th Nov 18, 12:17 PM
    • 37,942 Posts
    • 22,056 Thanks
    Quentin

    ….I have however revised it, as I tend to think that Brexit may scupper this Bill and this Government. If JC becomes PM I suspect that the car owning classes may well be taxed into extinction.
    Originally posted by The Deep
    Yes - but revising it to now mean by next April is still far too optimistic!


    I have now revised my opinion, legislation before Christmas is now most unlikely. Early in the New Year can reasonably be interpreted as April 2019. …..,
    Originally posted by The Deep

    Of course you can have an opinion, but continually advising this to Newbies is downright dangerous!
    • Umkomaas
    • By Umkomaas 7th Nov 18, 1:15 PM
    • 20,250 Posts
    • 31,946 Thanks
    Umkomaas
    Yes - but revising it to now mean by next April is still far too optimistic!


    Of course you can have an opinion, but continually advising this to Newbies is downright dangerous!
    Originally posted by Quentin
    *** STOP PRESS ***

    Revised estimate .......
    With a fair wind they will be out of business by in the not too distant future..
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Quentin
    • By Quentin 7th Nov 18, 2:14 PM
    • 37,942 Posts
    • 22,056 Thanks
    Quentin
    What!!


    2 revisions in 24 hours (3 in 4 days as on Saturday newbies were being told the ppcs would be closed down by Christmas!)


    (We must await a definition of "the not too distant future"!!)
    Last edited by Quentin; 07-11-2018 at 2:34 PM.
    • zigger
    • By zigger 8th Nov 18, 11:49 AM
    • 8 Posts
    • 1 Thanks
    zigger
    Thanks to everyone for the advice so far.


    I am compiling a reply to the LBCCC from ParkingEye at the moment. Should I just acknowledge receipt of the LBCCC or send a formal response re-stating my arguments, together with copies of emails from the hotel confirming the charge has been cancelled. I also have a copy of a function sheet from the hotel, for the meeting on the day in question, that clearly states 'car parking included'.

    I have looked through the LBCCC, in line with the guidance in the Newbies thread, and I am still not sure whether it is fully compliant with the Practice Direction.
    They have stated that the 'charge was levied for breach of contract' and the date, but not the times, were included in the opening paragraph. Does the fact that I have a copy of their evidence submitted to POPLA which contains date and times mean that they do not need to include them in LBCCC?


    They have also stated the following :


    They remain open to ADR.


    The charge is proportionate to their loss and has been calculated using their company records and accounts, which are publicly available.


    The can not state exactly the documents to be relied upon in court, as a defence has not been filed yet, but they have listed PCNs they have sent, my defence submitted and their reply, their authorisation to operate on site and signage, etc.


    The final chapter covers the Judgement handed down by the Supreme Court in 2015 in the matter of ParkingEye and Mr Beavis.


    On the basis of this information, have PE been compliant with the PD, or can I send a rebuttal letter?


    Just two more questions, and I thank you for your patience, does my response need to be in letter form, or can I email?


    Lastly, I am disputing this claim on behalf of my wife, as she is not up to it really. Do I need to make it clear in my response that I am actin gon her behalf?


    Thank you.
    • Quentin
    • By Quentin 8th Nov 18, 12:04 PM
    • 37,942 Posts
    • 22,056 Thanks
    Quentin
    #2 in the newbies FAQ thread does advise on rebuttals to the Lbcca

    A simple retort denying owing everything will do, and show you didn't ignore the lbcca

    You are dealing with the most litigious PPC, so expect a claim to follow
    • Loadsofchildren123
    • By Loadsofchildren123 8th Nov 18, 1:39 PM
    • 2,427 Posts
    • 4,042 Thanks
    Loadsofchildren123
    Summarise your defence, which will include estoppel (relying on the landowner's agreement to cancel the pcn).


    Or just a bare denial.
    It probably doesn't really matter because PE will ignore you and issue proceedings.
    Before they do that, pressurising the landowner is the best bet.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • zigger
    • By zigger 8th Nov 18, 2:09 PM
    • 8 Posts
    • 1 Thanks
    zigger
    Thank you.


    I am assuming that it is fine for me to act on behalf of my wife. She is quite upset by this situation and not best placed to deal with the documentation involved. Do I state both names on future documents (my wife as defendant) and, if we get as far as a hearing, she would prefer that I spoke on her behalf. Is this something that is acceptable?
    • Quentin
    • By Quentin 8th Nov 18, 2:29 PM
    • 37,942 Posts
    • 22,056 Thanks
    Quentin
    She must send all docs in her name.

    (You can write them, but she must sign them do they appear to come from her)

    Don't add your name!

    You can arrange to speak for her at the hearing. She must attend!
    • Umkomaas
    • By Umkomaas 8th Nov 18, 2:35 PM
    • 20,250 Posts
    • 31,946 Thanks
    Umkomaas
    While your wife must attend court, you can act for her as a Lay Representative.

    Check it out on Google, and also check McKenzie Friend as this is a different kind of in-court assistance you could provide (in the background rather than 'fronting' the defence).
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Loadsofchildren123
    • By Loadsofchildren123 9th Nov 18, 11:12 AM
    • 2,427 Posts
    • 4,042 Thanks
    Loadsofchildren123
    My first substantive fight with a PPC (Millennium) was on behalf of an elderly relative. He wrote to the PPC to say that his son (my partner) was handling matters on his behalf and to correspond with him. So all correspondence was to/from son, but proceedings were against him and in his name. Had it gone to court, he would have had to attend, with his son or someone else lay-repping for him. But he would have had to physically attend.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • zigger
    • By zigger 16th Nov 18, 9:51 AM
    • 8 Posts
    • 1 Thanks
    zigger
    Since my last post I have been in contact with the hotel again and, after re-stating the fact that the hotel was at fault initially and I would need to name them as co-defendants if my case went to court, my complaint was forwarded to another manager at the hotel.


    This manager seemed quite confident that they would get the charge cancelled and we received an email from the manager informing us that ParkingEye are arranging for the charge to be cancelled, but to wait 14 days to allow this to be processed. Success, we thought.


    However, 24 hours later we received another email from the same manager stating that ParkingEye were unable to cancel the charge due to the fact that we had escalated our appeal through POPLA. This does not make any sense to us.


    In addition, the manager has asked me to forward the POPLA appeal response to him 'as we will need to assist you with using this route'. Not sure what he means by that as I was led to believe that a POPLA appeal is a once only option and to re-appeal was not an option.


    I have not replied to the manager's latest email yet as I wanted to see what the best advice is in this situation. Thank you.
    • beamerguy
    • By beamerguy 16th Nov 18, 10:04 AM
    • 9,315 Posts
    • 12,250 Thanks
    beamerguy
    However, 24 hours later we received another email from the same manager stating that ParkingEye were unable to cancel the charge due to the fact that we had escalated our appeal through POPLA. This does not make any sense to us.


    Parking Eye have lied. We have seen this before with another hotel and we understand the matter was settled by the hotel paying the one eyed snake.

    Parking Eye can cancel right up to the minute they walk in to see a judge ..... It's Parking Eye rubbish

    Tell the manager that they lied to him and it seems on course to go to court to which the hotel will be called

    It's about time that the hotel wakes up because using these companies will lose them business

    Time to get tough zigger
    Last edited by beamerguy; 16-11-2018 at 10:12 AM.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
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