PCN from LONDON PARKING SOLUTIONS

[ericsbrother]

The reason you were ticketed was "left site". This has already been proven at a court that this doesnt matter and therefore the issuing of the ticket cannot properly be taken further. You canwrite to the company and appeal, saying that the conditions of parking do not exclude going elsewhere (dont say that you wre ONLY elsewhere) and that this has been subject to a court decision and therefore you are not obliged to pay a fee for parking as you did.

[ericsbrother]

they are now timed out for the Notice to Keeper so safe to ignore any further demands. They now have to prove who was the driver if they want to go further

[ericsbrother]

no, it is me getting things the wrong way round.

[ericsbrother]

How was the letter addressed to you? As driver or RK of the vehicle? Did they invite you to name the driver at the time and do they mention pursuing the RK if the driver is not identified.

As for leaving the car park, that reason for ticketing was blown out of the water ages ago.

Appeal on the grounds of no loss caused by your action and that £100 is a penalty, not an estimate of loss. they will reject this but give you the all-important POPLA ref no.

[ericsbrother]

As a point of interest you could ask them as RK how are you supposed to know about the ticket discount period if the driver doesnt tell you about the ticket. Dont mention the defence for leaving car park as at this stage they havent identified the driver and are not chasing you are the driver but keeper of the vehicle. Make them do the work and hopefully the mistakes.

[ericsbrother]

Dx is a person who is one of the site administrators.

 

they sent you a letter as they didnt get a response from the driver of the vehicle, which they are entitled to do.

 

You can appeal this charge, initially to them but do so only as the keeper of the vehicle.

 

They will probably reject your appeal but should give you a POPLA reference number.

 

If they dont their actions are limited to pursuing the driver and not the RK so it is important to make sure of the capacity in which all correspondence is addressed.

 

Your appeal should simply state that no loss has been caused to the company by the actions of the driver of the vehicle and that claiming a charge for the driver leaving the premises is contrary to an appeal court's determination and therefore their claim is a penalty and not an estimate of their liquidated losses.

 

they will probably tell you that they dont accept this as a reason for an appeal and should then give you the POPLA ref code.

(why would they uphold your appeal when their entire business model is based on telling lies to people)

[ericsbrother]

That will be fine as it is going to the parking co and they are very unlikely to agree to a reduction in income just because you are right so just wait for teh rejection letter and the POPLA ref number. Use a slightly different approach to them when you get it, the wording is available in other posts here and people will tell you what you say according to the response of LPS

[ericsbrother]

In other words, they are claiming their establishment costs. I bet their accountants have a headache. You dont have until the 14th, they havent followed the procedure they need to follow yet so dont give them a bean and wait until you get the notice to keeper and then come back here for what to say and do next. They should have given you a POPLA ref number if they are rejesting your appeal as driver but there again, you havent said you were the driver so wait for the correct demand and tell us when it arrives on your doormat. Too soon and they can be brushed off on a technicality and too late they get the same treatment. You have read the threads here so you must have an idea of the ploys they use to get you to pay up.

Now leave your pen alone and make them waste their money

[ericsbrother]

Hot desking in the collections dept. As others say. write back stating debt is disputed in its entirety and they should pass the whole matter back to its originator. Say that any further communication from Roxburge will be considered as harassment.

The arguments about incorrect procedures are to bash the parking company, you dont need to justify yourself to a DCA

[ericsbrother]

LPS do have an alternative choice-forget the entire matter as they are timed out. I would let them make the next move and if you get a further demand write back heading your post letter before action and point out that the company is in breach of the PoFA in claiming against you as RK and that any further approaches by Roxburge will result in you making a complaint of harassment as a criminal and civil tort without further notice to them.

[ericsbrother]

Dont worry too much, they are just letters. You can burn them all afterwards.

[ericsbrother]

good, if you do get anything come back and you will be advised of how to respond .