Ne parking ltd PCN Letter of Claim - church street car park blackpool

[dx100uk]

you must

let eric suggest a suitably phrased response

[MW2]

Oh ok thanks ill wait for eric then 

[ericsbrother]

Bear in mind they failed to create a liability under the POFA I would send send the following

 

So:

 

dear Barrow Boys,

your client has failed to follow the protocols of the POFA and so has failed to create ANY liability in this matter, let alone a keeper liability and I presume that is why you are gagging for me to dob in the driver, so they can salvage something from their own stupidity.

 

I am not going to assist you to harass some other poor sod but will remind you that without a keeper liability your client has breached their contract with the DVLA and thus breached the GDPR by obtaining processing my keeper details without a lawful reason to do so.

 

Dont waffle about this in another letter, the KADOE contract is clear on this point.

I will let them off this if they pay me £250, being the rate set by VCS v Phillip, Liverpool CC, Dec 2016 and you should consider this as a letter before action under the Civil Procedure Regulations.

 

[MW2]

But not with that exact wording 

[FTMDave]

There are very good legal & tactical reasons for writing exactly that.

[MW2]

Really?

 

Will do

[ericsbrother]

If I wanted you to just write sorry on the back of a blank cheque I would have said that.

There is method in the madness.

you might want to send a copy to the parking co as well as the solicitors and that way they will know if the sols are pulling their chain when they tell them that all is well and they should part with more money to make a claim against you.

[brassnecked]

The Breach of GDPR  and threat of reporting them should be enough to make the PPC wet their pants at your LBA as a reply to their tame soloicitors pleading for the drivers name.

[MW2]

Hi guys

sent the above letter from ericsbrother

 

today received a response telling me there has been no breach in GDPR and their client has not breached their contract with DVLA.

And as their client has followed all the steps required to proceed with a claim then i MUST provide them details of the driver or NE parking may rightfully assume that i was the driver and liability will fall onto me.

 

NE parking are making a claim for damages under breach of contract the contract being the one i entered into when making payment to and parking in the car park.

 

The breach of contract was made when you were incorrectly parked for longer than the period allocated to your vehicle?

( How do they know i was parked longer than i had paid for as the machine didnt give out a ticket but took the money?)

 

There is reasonable signage (debatable) in the car park (the one without planning permission) advising customers not to park longer than you have paid for.

 

Our client is fully prepared to issue proceedings in this case.

 

We are of the opinion that they have followed due process with relation to the fine.

Furthermore we are satisfied that our client has acted in line with the Pre Action Protocol of the Civil Procedures Rules.

 

We refer you to the Practice Direction to consider your position in this matter.

 

We require you to pay the full amount of £160 in 14 days or you must acknowledge receipt of this letter within 14 days.

Any help appreciated.

[Waynoski]

Hi, just to let you know, i asked them for the land owners contract for this car park as its owned by the same folk who own tiger estate agents.. They couldnt provide me this because they dont own the rights to enforce ticket this carpark .. Mine was thrown out  ..

[MW2]

Thats good to know thanks for that, i do know they dont have planning permission for a car park.

Can i just ask who you asked for the contract?

[Waynoski]

apparently thats irrelivant, but not havingthe land owners permission they cant enforce , web eye used to have it and ne used to enforce for web eye apparently .. ask them for land owners permission !

Edited August 31, 2019 by Waynoski

[MW2]

So NE need the land owners permission to enforce tickets but dont have it? So is it NE parking i need to ask for the land owners permission to enforce?

[Waynoski]

yea they couldnt provide it! heard nothing more since i asked for it.

 

[MW2]

Ok thanks for that i will no doubt include it in the reply to their solicitors.

[dx100uk]

pers i'd not be replying 

until/unless you now get a claimform from northants bulk court.

 

 

[honeybee13]

I'm not sure you should start letter tennis, MW2. Please wait for the experts to comment.

 

The letter sounds like a threatogram at this stage.

 

HB

[Mrs O'Frog]

2 hours ago, MW2 said:

We are of the opinion that they have followed due process with relation to the fine.

Did they seriously write that?

[MW2]

I was under the impression i had to reply within 14 days? or not.

Oh yes thats what they wrote 

[honeybee13]

They don't dictate the timescale, MW. Mrs O'Frog was asking if they used the word 'fine'.

 

HB

[dx100uk]

 

you've been here 18mts now!

 

MW2 you seriously should be reading other threads whilst you have time 

you should already know these things

[MW2]

Yes they used the word fine, and yes i read multiple other threads and i shall await the court papers.

[Mrs O'Frog]

As their clients are neither police nor local authority, they have no authority to issue fines. That letter clearly written by the tea-boy.

[ericsbrother]

the more you say the more they learn about you and they will tweak things accordingly.

 

You have all of the trump cards so keep them to your chest until the game starts for real. they arent ging to suddenly drop the matter just because you are right, if they didn that they would never file a claim ever. the parking co are greedy and stupid so let them waste their time and money learning something

 

What you will need though is help from wayneoski re his claim number. court the hearing was at etc so you can quote it. he shouldnt post this i public at present but send the details via admin and they will forward it.

 

[MW2]

Ok thaks for that would be interesting to know the details of wayneoski's hearing.