Thanks in advance for this site and all the posts and advice
You are all the reason we have decided to put up a fight.
Just for a context....
I have spent the last week reading everything I can possibly fit in to my brain on this subject and I just need some clarification on some points.
My family and I were away for 6 weeks (28 Nov 2017- 10 Jan 2018) in New Zealand
during that time my husband received a PCN (£60 early repayment) dated 29th Nov 4 days after the alleged incident (25th Nov) from HX Car Park Management Ltd.
The PCN was for overstaying a pre paid time that was paid for.
Needless to say we didn't see this or the next 'Outstanding Parking Notice' (£100) dated 28 Dec until we returned home on on 10th Jan.
He got another letter dated 12th Jan which was a 'Final Demand Notice' (£125).
At this point he freaked out completely, as you do, checked his diary and saw that he was not even the driver since he was working 40 miles away that day.
I immediately wrote a letter (since he didn't have the time) (dated 19th Jan) telling them that he was not the driver and could provide proof of this if required, gave them a copy of flight ticket to show we were away and so couldn't respond to their letters and asked them to stop sending letters of a threatening nature and posted it recorded delivery.
Obviously I did not look at this amazing forum (or indeed any of the other ones we have since come across) first (more fool me).
We heard nothing for 2 months and then last week received an LBC from Gladstone Solicitors giving 30 days to cough up the now £160!
I have since looked at so many forums and legislation, including the Pre Action Protocol, POFA and have whittled down what I think we need to do now which is draft a letter to Gladstones asking for:
1. an explanation of the cause of action
2. whether they are pursuing the driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the full details of the claim are (where it is claimed the car was parked, for how long, how the monies being claimed arose and have been calculated, what contractual breach (if any) is being claimed)
5. a copy of the contract with the landowner under which they assert authority to bring the claim
6. a copy of any alleged contract with the driver
7. a plan showing where any signs were displayed
8. details of the signs displayed (size of sign, size of font, height at which displayed)
9. If they have added anything on to the original charge, what that represents and how it has been calculated.
Is this the right thing to do?
And may I post a copy of my drafted letter on here for you guys to check it's ok if you wouldn't mind that is?
10. All photographic evidence showing where the car was parked when the (alleged) breach was made.
11. Images of the time displayed on the P&D machine at the material time.
12. Evidence that the time on the machine was correctly synchronised with GMT.
13. Details of the amount that was paid and the length of overstay (as these details were not in the NTK) so NTK does not meet the POFA 2012 on this basis.
They haven't stated that they are relying on the POFA in any of their letters and although they seem to have included most of the details required of them in the NTK as per the POFA they haven't been completely concise on all counts and the photos they provided do not have the car parked but is actually in motion on what looks like a main road.
My brain is swimming with everything I have read and I can't decide what the next best course of action should be.
Your help and comments would be greatly appreciated.