LPS/UCS PCN -

[silverfox1961]

I have looked at the emails and they don't really do much however they do confirm what has been said. Where LPS will fall down is that you supplied a certificate from the solicitor which gave you permission to park. While this may not hold that much water with the landowner, the landowner will not want to annoy his tenants as they are a good source of income and by preventing legitimate people parking he is not doing anyone any favours.

 

Do you know who the landowner is? If not, find out and complain to them about the tactics of their agents.

 

I know you are feeling under pressure at the moment and from both sides. LPS and us. If, at the end of the day, you decided to pay up, that is of course your choice and not one we would recommend but you don't know us. You will need to read a lot more on parking issues to get the idea that Private Parking Companies do not care about what is right and wrong. They are only after your money by foul means-never fair.

 

I will never say you have wasted our time if you do decide to pay up and I would hope other CAGgers would do the same.

 

I still suspect that they won't have a leg to stand on if they did try it on at court. Ericsbrother is very good at spotting failures with these companies. Yes, you did yourself no favours by naming yourself as the driver but this is not fatal.

 

With your permission, I will copy and paste some parts of the email on to this thread and I will protect your identity if I do so.

[Natalie64]

Silverfox, you can post email without personal details. I do not mind.

The solicitor dictated his email to LPS in my presence, but I doubt it he will sent it to me now. He also does not want to spoil his relationship with the owner and his agent. The certificate only confirms that I was there on that date and he certified my client's doc.

[Natalie64]

Nope but the site I got the info from showed that they got a 47% default win rate. This means that the respondent didn't erm, respond as for the other 53%, No details but I would assume the majority of these were won by the motorist.

 

You have to remember that in the small claims court, there are fixed costs for doing this and if a company pays for a lawyer to attend, they will lose money as they cannot get all his fee back.

 

For example, the parking charge is £100, the court fee is approx £25 and the solicitor fee is approx £50 £175 is the maximum they could claim even though the solicitor would charge them a minimum of £300 to attend. With such a small company, they would soon go out of business by litigating all the time.

 

And don't forget, taking you to court would be very silly due to them not following the Protection of Freedoms Act 2012 and the guidance from the IPC.

 

When you visit tomorrow, try to find out the landowners details and make a complaint to them as well.

 

I obtained the copy from the Land Registry regarding the owners. There are 3 owners of the land. Do you think I should write to all 3?

 

Could you also specify what you mean about them not following the Protection of Freedoms Act 2012? Is this because they found my details from DVAL?

 

I never received ticket, otherwise I would off run to the solicitor there and then. Only a letter by post, postdated too.

 

Also I am surprise that court fee is only £25.00 and solicitor fee is very low too. I just think it it will go to court and I loose, I will be liable to pay much more.

 

Lastly, did you manage to read the signage? I could post better copy tomorrow.

Edited February 13, 2016 by honeybee13
Paras.

[honeybee13]

Natalie, please take a deep breath and chill. Nothing is going to happen in a hurry and court is a rare occurrence with parking companies.

 

Even more rare is for them to win.

 

Give yourself a bit of a break and wait for the guys to reply please, they'll know what to do.

 

 

HB

[Natalie64]

Natalie, please take a deep breath and chill. Nothing is going to happen in a hurry and court is a rare occurrence with parking companies.

 

Even more rare is for them to win.

 

Give yourself a bit of a break and wait for the guys to reply please, they'll know what to do.

 

 

HB

Thank you Honeybee for the kind words.

I made a decision and will not send them anything (no money, no more letters/emails).

And I do not expect Silverfox, Ericbrother, Armadillo or any other user to reply to me straight away. I really appreciate that they are replying anyway and explaining case from legal point of view.

Although I've decided not to pay, I will feel more confident, if I merely verify some points, at least in my own head for now.

[honeybee13]

I didn't put that very well, I meant nothing will happen in a hurry with LPS, etc.

 

I expect the guys will look in on you over the weekend.

 

HB

[silverfox1961]

Let us wind things back here. No windscreen ticket? As LPS are saying you parked without a permit, there must have been somebody there to observe you parking. If that is the case, they should have approached you and warned you of what may happen but as we know they would rather ticket than advise.This was raised in a previous case where a parking company lost.

 

Operators within the IPC do not follow PoFA as they automatically assume the keeper is the driver although that does not really apply as you have told them you were the driver.

 

Just to get our ducks in a row, can you confirm

1 No windscreen ticket

2 Date of the first letter

3 Date of parking event

4 Any photos of your car?

 

A better picture of the signage could help but you can try and upload the picture you already have as a pdf as we can then zoom in on it to get the right info from it.

 

As you know who the landowners are, write to them all outlining the circumstances (building work etc) and ask them to call off the dogs. They may not know about the parking arrangements if they have an agent in place so they may refer you to them. Long winded, yes but it helps you and us in the future.

I will sort out the emails shortly although I won't be around for much of today

[silverfox1961]

This is the appeal sent (redacted of course)

 

Dear Sir/Madam, > > > > > > I went to see Mr.F at REDACTED, > > > on 23/11/15 to signed some documents on behalf of my > > > client REDACTED and parked outside his > > > office. > > > > > > I have a permission from him to park on the parking space > > > belonging to (SOLICITORS). However, there are building > > > works at the moment outside solicitors' office and it was not possible to > > > drive through to park on a specific parking space allocated to (SOLICITORS)

and hence I parked just outside his office > > > thinking it not will be a big deal due to circumstances (due to building > > > works and the fact that the entrance to the (SOLICITORS parking space was blocked). > > > > > > I enclose the copy of the certificate issued by Mr. F on > > > the day, so you can see that I indeed went to see him. You can verify > > > with him if he allows me to park outside their property. > > > > > > In my opinion, the owner of the parking space in question > > > should be more understanding of the situation and take into account that > > > due to scaffolding on the ground of said property it's not always possible > > > to keep to the specific boundaries, especially as I stayed there only a > > > few minutes. > > > > > > I hope you accept my explanation and cancel the PCN. > > > > > > Kind Regards > > > > > > Natalie > > > > > > P.S. You can verify with Mr. F above mentioned. Tel. > > > xxxxxxxxxxx

 

Email to the solicitor

 

Dear Mr. F > > Sorry for troubling you, but could you please call or write to London > Parking Solution on my behalf. I wrote to them myself (see under) without > success. > > Their letter is enclosed to this email as well as the certificate emailed > to them earlier. > > I really appreciate your help. > > Kind Regards > > Natalie

 

Response from solicitor

Dear Natalie, > > > > Could you please give me the email address for London parking solutions so > that I may communicate with them.

 

This was the response to the solicitor as he didn't CC Natalie in to the initial email

 

Thank you for your email. > > If your email is in relation to a Parking Charge Notice appeal ("PCN"), > please be advised that if you have not included your: > > PCN Number, full name, contact telephone number, email address & full > postal address, we will be unable to log your appeal. You will also need to > confirm whether you were the driver of the vehicle at the relevant time, the > registered keeper of the vehicle or a 3rd party representing either the driver > or the keeper. > > Please forward us this information at your earliest possible convenience. > In the absence of this information, your PCN will not be placed on hold and > the matter may escalate. > > In the event that you have provided all of the details above, please allow > up to 14 working days for a response to your appeal. > > Your appeal response will either be sent to your email address or to your > provided postal address.

 

So, proactive action was taken and the initial appeal (sorry to say) was BAAAD If you get another one in the future, come here and get advice before appealing.

 

Common sense should have come into play as the visitor space was blocked, where should Natalie have parked?

[ericsbrother]

STOP, relax and DO NOTHING until you get another letter from LPS. Letters from anyone else are just junk mail so can be ignored.

 

WHEN you get another letter come back here and tell us exactly what it says but until then stop fretting because nothing is going to happen in a hurry and when they do write we will advise you of how to respond.

 

We have seen the signage and it isnt worth a light as far as contractual obligations go.

LPS are also misleading either you or the solicitor with their demand to know the driver details, they have contacted you as the keeper so they cannot demand anything from the keeper. Something else to bash them with but their trade association, the IPC is not an honest broker so wont do anyuthing other than encourage their members to carry on in a way that is not in the law they supposedly rely on.

Edited February 13, 2016 by honeybee13
Paras.

[Natalie64]

L

Just to get our ducks in a row, can you confirm

1 No windscreen ticket - confirmed

2 Date of the first letter- 25/11/2015, but received days later.

3 Date of parking event- 23/11/2015

4 Any photos of your car?- no. but I did not ask.

 

A better picture of the signage could help but you can try and upload the picture you already have as a pdf as we can then zoom in on it to get the right info from it. - I'll do it a bit later, as it's on my son's phone .

 

As you know who the landowners are, write to them all outlining the circumstances (building work etc) and ask them to call off the dogs. They may not know about the parking arrangements if they have an agent in place so they may refer you to them. Long winded, yes but it helps you and us in the future.

 

Regarding land owners is confusing as Ericbrother is advising not to write anything until I get another letter from LPS. Or he meant not to the associates of LPS only and land owners are fine?

Also I am not sure if to ask for picture now or should I leave it until later. Could it be requested on later date? I know I was very stupid on this one. Schoolboy error.

[Natalie64]

STOP, relax and DO NOTHING until you get another letter from LPS. Letters from anyone else are just junk mail so can be ignored.

 

WHEN you get another letter come back here and tell us exactly what it says but until then stop fretting because nothing is going to happen in a hurry and when they do write we will advise you of how to respond. .

 

 

Okay. I'll try to forget about it for now. Thank you to everyone. ( you need to add smiley with bunch of flowers.)

[ericsbrother]

everything that needs to be done at the moment has been done so do nothing means exactly that until you get another letter from LPS and no-one else.

[Natalie64]

cheers