No POPLA code then theoretically no use of PoFA to pursue keeper of vehicle. What construes an appeal? Not specified so they should have provided POPLA code. Complain to the BPA

Next question is who is the contract with that PE rely on to claim any rights? If the landowner is a property co then you can claim that the "occupier"-ie the hotel had the authority to give permission to park. if the Contract was with now bust hotel does PE have the authority of liquidator to make a claim or are they relying on pre-liquidation contractual rights? You will need to get a copy of the contract PE have that they use

Then continue to ignore. I wouldnt waste a stamp on them.

Aldi have changed their tune in the last 6 months regarding the cancellation of parking charges. PE must have threatened them with a claim for breach of contract and turned down their appeal when Aldi wrote to them.

This is not the first time parking co's using anpr have lost a claim for that reason. What is now becoming apparent is the groundswell of opinion against the claimed rights of the parking co's to punish people who break their rules on someone else's land and profit from it rather than the landlord getting back any losses caused by the motorist's actions. The change in the law via teh PoFA has given the parking co's rights but has also put a spotlight on their activities that I am sure is not welcomed by them. As for PE winning most of their cases, well, yes and no. They lose(it seems) any case where a defence rather than just mitigation is offered and they would need to claim they win otherwise the use of the courts as a deterrent (itself unlawful in the very contract law they claim to have on their side) wouldnt work andmore people would put in the effort to fight them.

They would be breaking the law if they contacted your parents without your permission and although they are devious and greedy, I do not believe that they would be that stupid as they could possibly wreck their already dubious business with a possible £500,000 fine for doing so.

Now, to throw a fly into the ointment air bags are much better than seatbelts at preventing or reducing injury to occupants of vehicles and the seatbelt laws are now outdated. seatbelts cause several tyoes of injury such as broken legs and pelvises due to "submarining" and internal organ damge caused by the belt restraining the skeleton but the internal organs still having enough momentum to bash into the ribcage. As Vehicle design changes these things should be looked at again but until they are I will continue to wear my seatbelt knowing that there is no arguable defence for not douing so, even though i have better safety features built into my cars.

I short, they havent used the correct time scale in writing to the keeper of the vehicle so you can ignore them until they send a notice to keeper and that will be 28-56 days after the ticket (wasnt) on the windscreen. No new letter in the timescale above and they are not allowed to opursue keeper of vehicle, only driver and you are not obliged to help them identify who that was.

As above. If they then still pester you write back and tell them that they are going to be reported for harassment and you may use civil action to claim for the distress and anxiety they have caused you.

I wouldnt base a defence on what actually happened as we are talking about the law and common sense and reasoning do not apply. There are defences that will defeat the parking co's claims and there are defences that are mitigation-basically what you are saying and although they will get some sympathy they wont win your case for you. Your defence nedds to cover the contract and whether it was properly formed, the rights of the claimant to offer you a contract to consider and the losses suffered by the claimant as a direct result of your breach of that contract, if formed. you will need to force the parking co to reveal the contract they have with the landowner and whether it goves them the right to claim for losses for a brach in their own name. Now the wording of the contract and their claim will make or break this and generally they make the mistake of confusing their wording so there is no case to answer.

I would just acknowledeg the service and say you intend to defend in full and that will buy you more time. Dont try sending a defence now just read the suggested postings and the parkingprankster guide. After that, if you get the next set of court papers you can put in a skeleton defence and wait a bit more and then give them reams of paper at the last moment.

Gladstones solicitors can do nothing at all other than represent someone else so their threats are empty. Unfortunately, without all of the correspondence there is little people here can say that will be pretinent to your situation until such time the noise that these debt collectors make become something more solid. Read a good selection of the other postings to get a feel of what usually happens. LCP are not litigious.

Then appeal to PE on the basis of no law in Scotland that allows them to claim form keeper of the vehicle and that you were not the driver at the time so stop bothering you.

complain to the BPA and tell them that you are doing so. Send copy of their reply and by all means send it to POPLA by post as well pointing out that your recourse to justice is being denied. Not much POPLA an do but it is a paper trail for the future.

always by post. Your proof of posting cert means that it is deemed that they received it 2 days later. email not applicable to proof of delivery

Management co have no rights to do anything in this case. They think they can but it will end in tears for them if they try throwing their weight around. Any contract between them and parking co is wrthless as far as tenancy goes. Son has the right to be there, that is the end of it.

Now, it will be too late if you wait. If they wont send them then you write to the court and point this out after date has been given for exchange of docs..

Ignore them, they are wasting their postage.

You contacted the landlord, who should have sorted this mess out. Write to Aldi, copying letter to PE and tell them what hppened and that basically your car couldnt be moved and that if PE are responsible for managing the parking them they have neglected their duties and that you would like to have the charge cancelled otherwise you will consider claiming against them for your losses.

No, you dont contact them for information, you demand "strict proof" of their claim by provision of the documents as it is part of your defence that they didint send you anything prior to the court claim. When a court is allocated and a date set you will receive a letter from the court telling you to exchange documents with PE by a certain time-usually a fixed time after that letter arrives with you or a certain mnumber of days prior to the hearing. If they havent sent you the required documents by them you should write to the court and say that PE have faield to disclose the docs under discovery and that you cannot defend their claim without them so would have to seek an adjournment until such time that PE furnish you wth them. Judges hate adjourning cases like this.

Well not being able to see the contract offered is a reason to claim that no contract enterd into but I wouldnt rely on it as my sole defence. the biggest downfall for these claims is the parking co cannot show a genuine loss that is anywhere near their claim so for a paid parking they can only effectively claim for the £2 that it would have cost to park there and probably a bit of admin costs to chase up the payment. You can fire off theacknowledgemnt of service and say that you intend to resist the entire claim, which will force PE to cough up for teh next part, the allocation of the hearing to your local court. Make sure that you go for small claims track when ticking boxes if you are offered a choice of small claims, fast track or multitrack. The costs are limited there for both parties. Do not tick the mediation box, it is not appropriate. When you have sent this off, write to PE at the address given on the court form (might be their solicitor) and demand sight of the contract between the landlord and PE. The contrcats are normally flawed and PE dont like showing them to the defendants so if they refuse you can hit them with this by writing to the judge when the hearing date is set.

NCP will probably continue to write to you in the hope that you will cave in to their threats. Dont waste your time arguing with them, they are wrong. As for what the BPA have written, that is not the law, the PoFA is and the timings are clear. The parking co can continue to pursue the driver for as long as they want as long as they can prove who that is but they cannot chase the keeper of the vehicle. Personally i wouldnt take them to court but if I received a claim from them I would hit them with a counterclaim for harassment so they couldnt just slik off under a stone and forget about it when they are stood up to.

Yes it does if the signage is different, particularly at the entrance. However, it is only a minor thing but may help damage their case. PE are obliged to send you their demand within 14 days of the parking that generated their claim so you are saying that they diint write to you as the keeper of the vehicle in that time? If this is true then they dont have a case to answer but I wouldnt rely on that as a total defence. You need to ask them for copies of their proof of their contacting you in that time such as the proof of posting and the entry on their system where they contacted the DVLA with the registration of your vehicle. Also demand a copy of the contract between themselves and the landowner. You can check wirh the DVLA who has accessed your data, there is away of getting this info withour paying, see some of nev met's postings, he is the expert in this field.

Who is the DCA?

What paperweork have you received and who from? Was it a stamped court document with an issuing court (northampton) and a claim number (zz 12345) or was it 45 pages of threatening drivel from Parking Eye as a pre-action protocol warning you that the world will end if you dont pay up. How is the figure of £365 arrived at? You will have to give us more detail to enable us to tell how far things have progressed.