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MyBlobby

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  1. Just wondering how OP got on with this? I am in a similar position.
  2. Hi there, I have read everything on a previous thread and I am looking at some advice or help with my situation I have received the parking charge notice stating I was caught on camera staying 15 minutes longer than the 60 minute allowance. In the first letter they sent me they had all the jargon and causal threats with 2 photos of my entering and leaving the Lidl car park. Therefore, I replied to them asking how they got my details and saying I am the registered keeper but don't know who the driver was. They have replied: "Thank you for your correspondence in relation to the outstanding parking charge shown above. You have stated that you were not the driver at the time, but have not advised us in writing who was driving your vehicle. This is not a valid reason for an appeal and you need to be aware of the latest legislation concerning parking on the private land. This is contained in Schedule 4 of the Protection of Freedoms Act 2013 (POFA). The drive is responsible for payment. However, under the law we have the right to recover unpaid parking charges from the registered keeper of the vehicle if they do not confirm us who the driver was. Consequently if you do not wish to pay, you much inform us in writing within 28 days the name and address of the driver. The period of 28 days begins the day after which the "Notice of Keeper" was served. The "Notice to Keeper" you received explains this. Therefore, to avoid further action, we look forward to either receiving payment or the name and address of the person who was driving at the time. You may pay online at Athena website by phone or by sending a cheque or postal order to the address below." My question is; Should I respond in writing with this template letter a few others have used with success: "I refer to your invoice dated the [x] and received on the [xx.xx.xx] In response, I would ask you to note the following. When an invoice is issued under the law of contract to a vehicle which although allowed to park on the land, is in breach of the conditions relating to parking, it could be argued that the charge being demanded is so high that it amounts to a penalty and is therefore unlawful under the Unfair Terms in Consumer Contract Regulations 1999. Therefore should it be your intention to pursue this matter further, I will require the following information., 1) Precise details of the calculation used to establish the sum pursued in this case, taking account of the following statement issued by the Department for Transport. Charges for breaking a parking contract must be reasonable and a genuine pre-estimate of loss. This means charges must compensate the landholder only for the loss they are likely to suffer because the parking contract has been broken. For example, to cover the unpaid charges and the administrative costs associated with issuing the ticket to recover the charges. Charges may not be set at higher levels than necessary to recover business losses and the intention should not be to penalise the driver. 2) I also require written proof that as a third party agent you have contractual consent from the land owner to raise legal proceedings on their behalf. Furthermore, should you fail to provide a detailed response to any of the points raised in this correspondence a POPLA reference will be required in order that this issue can be progressed to the independent appeals body. I am of course fully aware that the decision of POPLA is binding only on the pursuer and not the defender. I hope this information clearly outlines my position and I look forward to your detailed written response. Yours faithfully" ...And then wait? Also, after I have sent this should I await their response and if they don't give me sufficient evidence for 1 or both, then appeal to POPLA? Any info on this would be highly appreciated as I'm a bit worried now. Kind regards,
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