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  • FIRST POST
    • newholme30
    • By newholme30 23rd Sep 13, 1:01 PM
    • 89Posts
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    newholme30
    Help with PE - 2nd LBCCC
    • #1
    • 23rd Sep 13, 1:01 PM
    Help with PE - 2nd LBCCC 23rd Sep 13 at 1:01 PM
    Hi. I have been in correspondence with PE for an LBCCC (early letters were ignored based on misunderstanding of how to proceed following rule changes).

    The chain has gone:
    • 3 x PCN (ignored)
    • 1 x LBCCC (we responded with key 'standard' points asking they provide further information to meet PD)
    • 1 x template letter (giving me 14 days to provide evidence of parking as their records show insufficient time was paid. We further responded reiterating the points in my first response)
    • 1 x LBCCC (this was sent the day after the template letter asking for further evidence and appears to attempt to meet PD by PE. It includes reference to 2 previous PCN letters detailing full facts of the case and confirms breach of contract for the claim). There is additional text on the back of the letter; namely point 2. is extended to say they reject POPLA as outside their self impose time limit but remain open to ADR between the two parties! Point 3. is extended to say the charge is a genuine pre-estimate of loss, calculated in conjunction with the Landowner etc etc
    So I gather I should respond again to this latest letter (which as I understand still doesnt comply with PD as they havent answered all my queries) but have had an attempt on some of them!

    The primary defence is that we are sure the parking was paid in full and have witnesses to this effect. The car park was used on multiple occasions during a week away and over many years hence being so sure it was paid. My presumption is that they are charging for an overstay which is surely punitive and I have suggested their equipment is faulty on the day in question or an incorrect registration was input.

    Anyway I'd be grateful for some assistance with the next followup since this feels like it will be heading to court given other threads on here. Thanks in advance.
Page 1
    • newholme30
    • By newholme30 23rd Sep 13, 4:32 PM
    • 89 Posts
    • 60 Thanks
    newholme30
    • #2
    • 23rd Sep 13, 4:32 PM
    • #2
    • 23rd Sep 13, 4:32 PM
    Apologies for the shameless bump of my own post, seem to be stuck in the past POPLA loop and keen for some advice on my best next steps.

    Thanks
    • zzzLazyDaisy
    • By zzzLazyDaisy 23rd Sep 13, 4:52 PM
    • 12,134 Posts
    • 18,762 Thanks
    zzzLazyDaisy
    • #3
    • 23rd Sep 13, 4:52 PM
    • #3
    • 23rd Sep 13, 4:52 PM
    Hi I am sorry to be a pain, but can you post the second letter that you got from PE (I need to check which one it is). Also the third letter, is it the LBCCC that starts by telling you this is a breach of contract claim?

    Also what are the dates on the 2nd and 3rd letters?

    If you can let me have this info I can help you to reply to PE

    --------------------------------------------------------------------------------------

    As separate issues:

    1 have you complained to the owners of the car park (or the retailer if it is connected with a store? Even at this late stage organisations can get the charge cancelled - see this thread whch has only been running since last month

    http://forums.moneysavingexpert.com/showthread.php?t=4766249

    2 was the driver on the day a different person from the registered keeper as this can be helpful (NOTE I am NOT suggesting that you say anything untrue).

    3 did the parking event take place in scotland or NI or does either the RK or the driver live there?


    Daisy
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
    • newholme30
    • By newholme30 23rd Sep 13, 5:15 PM
    • 89 Posts
    • 60 Thanks
    newholme30
    • #4
    • 23rd Sep 13, 5:15 PM
    • #4
    • 23rd Sep 13, 5:15 PM
    Thanks for the help Daisy

    I may have confused things here; and just to make sure adding the correct information; the alleged offence was in mid-July and there were 3 PCNs with the last one saying RK had now become liable dated late August. These were ignored.

    Timeline of letters from PE:
    6th Sept - first LBCCC (to which I replied stating my case)
    16th Sept - template saying they checked their records and insufficient time was paid / offering 14 days in order valid evidence is provided (to which I replied re-iterating my initial acknowledgement)
    17th Sept - second LBCCC (additional text stating breach of contract in main template text and additional words rear as mentioned in previous post).

    I can photo these and add if you let me know which of these are of most interest.

    For your other points:
    1. I have a bank statement with purchases on the day in question so this is an avenue I could pursue. I'd like to check this and could PM details since it may not be that helpful
    2. This is possible but is likely not the case
    3. England

    Thanks again
    Last edited by newholme30; 23-09-2013 at 5:34 PM. Reason: updated
    • newholme30
    • By newholme30 23rd Sep 13, 5:35 PM
    • 89 Posts
    • 60 Thanks
    newholme30
    • #5
    • 23rd Sep 13, 5:35 PM
    • #5
    • 23rd Sep 13, 5:35 PM
    Sorry Daisy - am having trouble posting direct but hopefully these are OK:


    i892.photobucket.com/albums/ac124/newholme30/LBCCC1a_zps2d922ffb.jpg

    i892.photobucket.com/albums/ac124/newholme30/LBCCC1b_zps65e070d4.jpg

    i892.photobucket.com/albums/ac124/newholme30/16-09_zps958ea6fb.jpg

    i892.photobucket.com/albums/ac124/newholme30/LBCCC2a_zpsbaee309d.jpg

    i892.photobucket.com/albums/ac124/newholme30/LBCCC2b_zps9fde1364.jpg
    Last edited by newholme30; 23-09-2013 at 6:04 PM.
    • zzzLazyDaisy
    • By zzzLazyDaisy 23rd Sep 13, 6:17 PM
    • 12,134 Posts
    • 18,762 Thanks
    zzzLazyDaisy
    • #6
    • 23rd Sep 13, 6:17 PM
    • #6
    • 23rd Sep 13, 6:17 PM
    HI that's fine. I have PMd you
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
    • newholme30
    • By newholme30 23rd Sep 13, 6:38 PM
    • 89 Posts
    • 60 Thanks
    newholme30
    • #7
    • 23rd Sep 13, 6:38 PM
    • #7
    • 23rd Sep 13, 6:38 PM
    thanks - I have sent my initial response but ran out of space and need to now wait 60 mins to post the second response as a new member.

    I could put it here but see all the advice not too. Not particularly bothered about this as don't see have done anything wrong.
    • bernie2304
    • By bernie2304 23rd Sep 13, 7:23 PM
    • 13 Posts
    • 5 Thanks
    bernie2304
    • #8
    • 23rd Sep 13, 7:23 PM
    popla refused my appeal
    • #8
    • 23rd Sep 13, 7:23 PM
    I wonder if anyone can help. I have today received an email from POPLA refusing our appeal against a 100 fine from ANPC for parking with a valid disabled badge on display but no clock. Are we liable to pay this fine?
    • Folkiedave
    • By Folkiedave 23rd Sep 13, 8:01 PM
    • 223 Posts
    • 219 Thanks
    Folkiedave
    • #9
    • 23rd Sep 13, 8:01 PM
    • #9
    • 23rd Sep 13, 8:01 PM
    No POPLA decisions are only binding on the PPC.

    Wait for other pressures, ignore them and they may go to court. There are details under how to deal with court elsewhere. DON'T PAY.
    • zzzLazyDaisy
    • By zzzLazyDaisy 23rd Sep 13, 8:19 PM
    • 12,134 Posts
    • 18,762 Thanks
    zzzLazyDaisy
    I wonder if anyone can help. I have today received an email from POPLA refusing our appeal against a 100 fine from ANPC for parking with a valid disabled badge on display but no clock. Are we liable to pay this fine?
    Originally posted by bernie2304
    Please start your own new thread - hijacking other posters threads causes confusion, thanks.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
    • newholme30
    • By newholme30 23rd Sep 13, 9:40 PM
    • 89 Posts
    • 60 Thanks
    newholme30
    Thanks daisy.

    pM'd you but you must be busy as inbox full!

    Reading other threads I see a similar few at the moment.
    • newholme30
    • By newholme30 25th Sep 13, 12:10 PM
    • 89 Posts
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    newholme30
    Response to landholder drafted and ready to send. Also found an email for them so will send via that too.

    Your PMs are full again!
    • zzzLazyDaisy
    • By zzzLazyDaisy 25th Sep 13, 12:14 PM
    • 12,134 Posts
    • 18,762 Thanks
    zzzLazyDaisy
    Have cleared a space - be quick as I keep it nearly full deliberately, as I can't deal with the string of requests for offline help by random newbies
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
    • newholme30
    • By newholme30 25th Sep 13, 12:19 PM
    • 89 Posts
    • 60 Thanks
    newholme30
    Thanks so much - feel very much like a random newbie!
    • newholme30
    • By newholme30 25th Sep 13, 3:04 PM
    • 89 Posts
    • 60 Thanks
    newholme30
    Tried to PM but you are full; very fast response......

    Am having a hard time to resist grinning ear to ear, not wanting to count chickens and all that!
    Last edited by newholme30; 25-09-2013 at 3:35 PM.
    • Coupon-mad
    • By Coupon-mad 25th Sep 13, 3:56 PM
    • 73,764 Posts
    • 85,964 Thanks
    Coupon-mad
    Have cleared a space - be quick as I keep it nearly full deliberately, as I can't deal with the string of requests for offline help by random newbies
    Originally posted by zzzLazyDaisy

    Same - but you and I both have good reason. Too much on our plates to deal with pm's.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • newholme30
    • By newholme30 27th Sep 13, 12:06 PM
    • 89 Posts
    • 60 Thanks
    newholme30
    So, thanks to the assistance of this forum and a particularly special thanks to a certain retired solicitor. After complaining to the landholder of the car park, they have confirmed they will be speaking to PE to cancel this charge.

    I will post further information once I have formal confirmation from PE that the charge is cancelled.

    Once again thanks to all the help recieved, my faith in human nature is restored and that by standing firm it is possible to deal with these parking bandits.

    Cheers
    • zzzLazyDaisy
    • By zzzLazyDaisy 27th Sep 13, 2:34 PM
    • 12,134 Posts
    • 18,762 Thanks
    zzzLazyDaisy


    Well done! Once you have written confirmation of cancellation from PE, do come back and reveal the location of the car park, how we think the issue occurred in the first place, and the identity and contact details of the very nice man who kindly helped you out with this little problem.

    You will then be given your very own place in Coupon's Hall of Fame
    Last edited by zzzLazyDaisy; 27-09-2013 at 2:36 PM.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
    • newholme30
    • By newholme30 27th Sep 13, 4:22 PM
    • 89 Posts
    • 60 Thanks
    newholme30
    And there I was thinking I'd be drafting letters all weekend!

    I will certainly be passing on my lessons learned

    • Coupon-mad
    • By Coupon-mad 27th Sep 13, 8:06 PM
    • 73,764 Posts
    • 85,964 Thanks
    Coupon-mad
    So, thanks to the assistance of this forum and a particularly special thanks to a certain retired solicitor. After complaining to the landholder of the car park, they have confirmed they will be speaking to PE to cancel this charge.

    I will post further information once I have formal confirmation from PE that the charge is cancelled.

    Once again thanks to all the help recieved, my faith in human nature is restored and that by standing firm it is possible to deal with these parking bandits.

    Cheers
    Originally posted by newholme30
    Well done, keep grinning about your success!

    I have linked your thread on the Hall of Fame sticky thread at the top of the forum, to show other newbies how to get these astonishing scam fake PCN cancelled by complaining to the PPCs' clients who own the car park:

    http://forums.moneysavingexpert.com/showthread.php?t=4766249

    Could you add a little more detail in due course such as the name of the Retail Park if you don't mind, and who the landholder is? People like to read about cases just like their own and find it hard to know who to complain to sometimes. Wait until you get PE's letter first, maybe.

    Last edited by Coupon-mad; 27-09-2013 at 8:08 PM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
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