CCBC claim letter for a 4 year PCN .. how can I defend myself, please

[Rolex16233]

Ps ... all of these letters went to an old address I’ve not lived in years. And once I requested images months ago , I was declined untill now when I’ve submitted request during CCBC claim

[Rolex16233]

All letters sent to a very old address. Which I did not receive.

[ostell]

They have failed to comply with the requirements of POFA to be able to transfer liability from the driver to the keeper. invitation to keeper missing 9 (2) (e), warning of keeper liability missing 9 (2) (f).

There may be others, check yourself

The amount is too high, look at https://www.dropbox.com/s/16qovzulab...inson.pdf?dl=0 and mention the Beavis case finding that the charge was sufficient to cover any debt collection costs

You cannot of course after all this time remember who the driver was on that occasion/

[Rolex16233]

As I have stated I worked at the retail park , and have parked there with no issue before with work. And have contested the amount for the 6 hours I was working there .. will that still stand up ? Regarding knowing the driver at the time?

[ostell]

So have you appealed this?

If they know the driver then POFA fails are irrelevant. Can you get confirmation from your ex employer that you were entitled to park there.

[Rolex16233]

Hi , I have emailed DCBL legal regarding the PCN, stating I was an employee at the time and was given free parking as part of the lease with the retail park.. told them the fine is not commercially justifiable, never received a letter , or photo of PCN at my current address , they clearly sent it to my old address.

move stated I won’t be paying for it as I was entitled to park as part of my contract. And my ex employer also emailed and said I worked at the place and stated parking.

I was then denied photos and once it got to court proceedings they’ve sent me all of those images I posted.

they also sent me the sign with the contract.

I am a bit unsure where I stand tbh .

[ostell]

Have you still got the statement from your employer?

Did you SAR the parking compnay?

[Rolex16233]

I sent them this initially ,

DCBL , Direct house , Greenwood drive ,

Manor park , Runcorn, cheshire , WA71UG.




Dear sir / madam




Ticket number: 1336160941339

Vehicle registration number:YM12EFL




You issued me with a parking ticket in 2021 , for a ticket from 2016 but I believe it was unfairly issued. I will not be paying your demand for payment for the following



• Mitigating circumstances

There are mitigating circumstances to explain why the vehicle was parked where it was and the charge should be waived for this reason.




At this time I was a staff member of the retail park , and have sent emails proving this also. I have sent you proof from my previous employers (carphone warehouse ) whom had free parking for its staff as part of the lease contract on the property.




My previous boss has also emailed you detailing that I worked for the company at that location and others (as requested by you in previous email) and the employer also stated that parking was free to staff.

His email is copied into this document also if you feel you need to contact him further.



• The charge is disproportionate and not commercially justifiable

The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner.


In my case, the £160 charge you are asking for far exceeds the cost to the landowner for working at the centre for 8 hours. I therefore feel the charge you have asked for is excessive.




I have previously requested photographic proof of this notice and have been declined which is within my legal right for a fine back in 2016. Your previous letter did not offer an initial cost of PCN or photograph.

I have not received a single letter in the last 4-5 years regarding this alleged PCN.

I do not own this vehicle any more, and at the time the car was used by me an my partner so I cannot determine the driver of the vehicle at this time also.



If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter as I was staff and staff had free usage of the car park during work.



Yours faithfully,


They then issued me the CCBC. In which I did CPR 31.14 to DBL legal and SAR to highview . Highview haven’t got back to me yet . But DCBL have sent me the images I posted

[Rolex16233]

The statement from my employer was emailed directly to them , with me CC in to the email.

stating my employment and that I had parking free on site as an employee.

I’ve spoken to carphone warehouse and as it was so long ago they cannot get it cancelled directly. All I have is the regional manager confirming my employment and confirming parking . Via email

[ostell]

So start writing your defence

You have already told them and provided proof that you had free parking

[Rolex16233]

Sorry here is the sign they sent me a photo of today

[Rolex16233]

Just to add , they have stated I said I would pay within 30 days, and I haven’t ??

this statement is false , is this normal ?

[Rolex16233]

Thank you for your help, I’ll write my first draft of my defence an upload here for your critique . Thank you

[Rolex16233]

ostell sorry, could you possibly help me find a defence template I can modify? The one in the shortcuts is for a credit agreement .. thank you all your help

[ostell]

The general format is the same. Just put in the points of the PoC that you disagree with, and also their incomplete and unclear PoC.

MSE have a sample defence, but I didn't save the link. It has been mentioned as few times lately in the pepipoo private parking forums

Found it!

https://forums.moneysavingexpert.com...first-thankyou

it's in there somewhere