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Parking Charge Notice

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1235789

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  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    It would be better to see the letter as a scan, photo or screenshot. Paraphrasing doesn't help us; I have two or three things in mind I would normally look for in a NTK and I work far better if I can see the actual front page (cover your name, address and VRN of course). Hopefully it is not irretrievably lost?

    Remind me - have you ever appealed & admitted who was driving (hope not)?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • LaurenHeath123
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    I'm hoping to find it but it has been 7 months and 2 moves (I'm a uni student) since.
    Never appealed or responded in any way. I don't think it is an ANPR parking charge as usually, these have a picture of the car going through the barriers, don't they? I have never received any photo evidence.
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    Sounds like a windscreen PCN that was removed, going by what you have described.

    The NTK from PCS would be useful to you because that VITAL first letter, being for £150, exceeds the ceiling set in the POFA 2012, fails to repeat the info from any PCN (because it's not £100, for starters) and also breaches the BPA CoP £100 ceiling. I seem to recall that PCS NTKs also misstated the 28 day period, which makes keeper liability impossible. All of that would be so much easier for you to argue in defence if you had the document.

    So, without saying you have lost it - ASK for a copy of any PCN and Notice to Keeper, in your response letter/email, saying you are unaware of any PCN being placed on the vehicle and have reason to believe that any NTK was non-compliant, so you require copies of the PCN and NTK, to make an informed decision.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • LaurenHeath123
    LaurenHeath123 Posts: 113 Forumite
    edited 13 September 2016 at 8:04AM
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    This is the revised e-mail/ letter in response to my letter before court claim:


    I note your Letter Before Claim dated 1st September 2016.

    I deny any debt to your client. I will not be telephoning you but require further information in writing.

    The driver is not identified in your letter and you have written to me as the registered keeper. I am not liable because I do not believe that your client invoked Schedule 4 of the POFA 2012 with fully compliant documents.

    You cannot presume that I am in possession of all the documents referred to in your letter and I require a copy of the Notice to Driver and Notice to Keeper to inspect as I have reason to believe that any Notice to Keeper was non-compliant, and so copies of these documents will ensure that I can make an informed decision. Please send copies of these and any documents that will be produced in the event of your threatened action, including copies of all photographs taken and evidence of the contract itself (clear evidence of the terms on the signs at the time). I would also ask that you send me a copy of the Penalty Charge Notice, as I am unaware of any Penalty Charge Notice being placed on the vehicle.

    I also require evidence of the contravention. If the driver is alleged not to have had a parking permit, I cannot be expected to know or answer to that allegation as keeper of the car. However, the burden remains with your client to produce evidence and I require that now (e.g. photographs of the driver leaving the site, if that is the allegation).

    In order to understand my legal position, I also require the following information:

    1. Is your client's intended action funded on a contractual charge, a breach of a contract or trespass?
    2. What is the reason for the additional £50 charge?
    3. Where was the £50 charge stated on signage? – Could you provide photo evidence of those signs?
    4. If it is for legal services, has your client already paid it?
    5. Could you supply evidence that there was no permit or authorisation to park?

    When I receive the documents and your answers I will be in a position to make a more detailed response and as such, it would be wholly unreasonable and vexatious to proceed in the small claims track at the present time.

    Yours Faithfully,

    Lauren Heath
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    1. Is your client's intended action funded on a contractual charge, a breach of a contract or trespass?
    Should that read 'founded'?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    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.

    Private Parking Firms - Killing the High Street
  • LaurenHeath123
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    Yes, thank you for spotting that mistake. It should be 'founded'.
  • LaurenHeath123
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    What email address should I use to email Gladstones the response to their LBC? They have not given me one in the LBC.
  • LaurenHeath123
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    Hi,

    I have posted about this parking fine previously,

    I sent them a letter to say that I wanted more proof etc. They sent me a letter with a different car in a different car park a few days ago and now they've sent a claim form.

    What do I do? I've drafted a letter to state that the car isn't mine.


    Thank you in advance.
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    If this relates to your other case, then you need to pm Crabman or soolin (Board Guides) to have them merged.

    There is no context against which to comment.

    For example:
    I sent them a letter to say that I wanted more proof etc. They sent me a letter with a different car in a different car park a few days ago and now they've sent a claim form.
    Who are 'them', 'they' and 'theyve'? We've no idea from this thread.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    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.

    Private Parking Firms - Killing the High Street
  • LaurenHeath123
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    I refer to Gladstones Solicitors.
    They are the ones that have been sending me letters. Their previous letter was over 7 months ago, I responded within 2 weeks. They have now (7months later) sent me a response to my letter asking for more information and proof. The car is not my car and it isn't in the correct car park but they have now sent me a claim form!
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