Premier anpr PCN Letter of Claim - overstay - No it's Double-Dipping! - Sydney Cove Car Park 2, Praa Sands, Cornwall

[nomoremoney]

Hi all.

 

We went on holiday to Cornwall last year, paid for parking, got a charge through the post to my limited company name who used to have the vehicle on contract hire.  Have not made any contact so far.  This week received a letter before action with tomorrows deadline.  By chance we are on holiday again in the same place so I was able to get some pictures of the car park.

 

Questionnaire-

 

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1 Date of the infringement 11 August 2011 18:02

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 10th September 2021 is first letter made available from lease company but it does say first reminder.  I received one to my company name on 18th September 2021.
 

ntk - redacted.pdf - this is a copy emailed to me from the lease hirer.  don't have my copy to hand as I'm away 

 

3 Date received 18th September 2021 but see previous
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Yes
 

5 Is there any photographic evidence of the event? Picture on the NTK
 

6 Have you appealed? [Y/N?] post up your appeal] No
 

Have you had a response? [Y/N?] post it up N/A
 

7 Who is the parking company? Premier Park Ltd

 

8. Where exactly [carpark name and town] Sydney Cove Car Park 2, Praa Sands, Cornwall
 

For either option, does it say which appeals body they operate under.

POPLA ?

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

------------------

What's the best way to proceed?  Ignore and see if they do file a claim?  If I respond is there different advice with it going to my company and not a driver?

 

I have a photo of the ticket I placed on my windscreen.  It's one where you enter your reg number.  ticket_Redacted.pdf Paid from 9:07 to 17:07.  I remember leaving to go to the supermarket to buy food for the bbq.  Then came back to pick up the wife and kids.  I'm assuming camera has caught me going back out again.  

 

 

I have taken pictures of the car park entrance and signage.   car park.pdf

 

Many thanks in advance

[nomoremoney]

here is the letter before action I forgot to include 

lba - redacted.pdf

[FTMDave]

If you ignore a Letter Before Action the fleecers generally think you might ignore a claim form too and so they would get an easy default judgement.

 

That's why we always say to reply with a snotty letter at this stage, and if the deadline is tomorrow you need to get a move on.

 

From your description it seems like a case of "double dipping", i.e. their rubbish cameras haven't been able to distinguish between two separate visits.

 

Two things.

 

I know it's a long shot from a year ago, but have you got proof of payment at the supermarket - a credit card statement for example?

 

Also, tomorrow morning can you get the lease company to send you the proper original PCN?  Then we can get to the bottom of what the fleecers are claiming and get an appropriate snotty letter off.

 

 

[nomoremoney]

Edit if mods could please update my op

 

Date of Infringement was 4th August.  The 11th is the date they issued the charge!

[nomoremoney]

Thanks I'll see what lease company say but I think they are saying they only ever got the first reminder.  They like to charge me for each letter they receive so I'm sure they wouldn't miss it out.

 

Credit card statement only goes back 4 months.  I've checked my bank account and there is one for CoOp with transaction date of 4th August but no time.  Not even 100% sure if this is the one as we went there in the morning sometimes to buy bits for lunch and often Sainsburys for BBQ food.  Plus we was with friends he may have paid that time, I know he came with me.

 

 

[FTMDave]

OK, the urgent thing is a snotty letter to show them that you would be big trouble in court so it's best they give up on you and go after some mug who would be terrified and just cough up.  The rest can wait.  How about -

 

 

Dear Will & John,

 

cheers for your Letter Before Claim.  I rolled around on the floor in mirth at the idea you actually thought I'd take such tripe seriously and put my hand in my pocket!

 

As usual you'll have been too bone idle to do any due diligence whatsoever otherwise you'd have seen your client's case is total pants.  Given your shenanigans with the IPC and the IAS you'll be very familiar with the phrase "double dipping".  I can easily prove to a judge my vehicle was elsewhere when your clients say it was in their car park.  They really should stop buying their cameras second hand for £9.99 on eBay.

 

Oh dear.  Your greedy clients have added £70 Unicorn Food Tax plus you haven't bothered to look up real solicitors' fixed costs for this amount of claim.  Doubt a judge would be very impressed.

 

Your clients can either drop this foolishness now or either get a total hammering in court.  Their choice.  If the latter I will of course request an unreasonable costs order under CPR 27.14(2)(g) and then spend it all on a holiday back in Cornwall while laughing at your client's expense.

 

I look forward to your deafening silence.

 

COPIED TO PREMIER PARK LTD: YOU'RE ABOUT TO BE GLADSTONED!

 

 

Gladstones are corrupt solicitors who set up their own parking association where they judge themselves, thus all the mentions of the IPC and the IAS.

 

Send the letter off tomorrow 1st class both to Gladstones and Premier Park and get two free Certificates of Posting from the post office.

 

By complete coincidence yesterday for another thread I looked at how many Premier Park cases we have on the site.  Thirty.  They only did court in two.  And lost them both!  So the snotty letter should see them off.  No absolute guarantees of course.

 

I'll edit the dates as requested.

Edited August 2, 2022 by FTMDave
Typo

[nomoremoney]

Ha love it! Thanks for that.

 

Reckon I can get away with an email as I don't have a printer with me?

[Homer67]

In writing is best as email gives the fleecers another way of hassling you.

 

Does your local library have a printer facility for few pence per copy?

[FTMDave]

E-mail is better than not replying.

 

But ideally you should use Royal Mail as Homer says.  We've seen the fleecers abuse e-mail several times in the past.