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Re: 'PCN' from London Parking Solutions
Hi mystery1
LPS has sent back the following missive (uncorrected by me). I wonder if you could advise me what to do next.
Kindest regards
Minxi
Good Afternnon,
Thank you for your recent email the contents of which we note.
For the avoidance of doubt, our Client; London Parking Solutions have a signed contract from the Landowners (DMG Block Management) of South City Court, Peckham to operate and enforce parking control measures at the site.
As part of the parking measures in place, residents are required to clearly display a valid parking permit at all times whilst using the car park.
Whilst the comments that you have raised have no bearing on this matter, for the purposes of completeness, we shall address each point raised;
1) Genuine Pre-Estimate of Loss
The amount claimed is for a breach of the contractual relationship between yourself and London Parking Solutions, who act as agent for the landowners. By parking at the site and not abiding by the displayed terms and conditions of parking, you have agreed to pay the Operator a core price term.
Notwithstanding the above, even if it was a penalty clause, the recent case of Beavis and Parking Eye (Court of Appeal February 2015 - Judgement handed down in April 2015) has made it clear that such clauses are enforceable in breach of contract unless the amount claimed is unconscionable. As the amounts claimed here are similar to those considered reasonable by the Court of Appeal, the issue of GPEOL is irrelevant.
2) You are absolutely correct insomuch as you are under no statutory obligation to name the driver at the time of this parking event.
On 14 April 2015 however a Notice to Keeper letter was sent to you as the registered keeper of the material vehicle. As you may or may not be aware, under the Protection of Freedoms Act 2012 and in particular Schedule 4 of the same, a creditor may seek to recover outstanding Parking Charge Notices ("PCN") from the registered keeper of a vehicle, providing that certain criteria has been met.
Having reviewed this matter, we are entirely satisfied that our Notice to Keeper has been sent in accordance with POFA 2012, and therefore, as the registered keeper of the material vehicle, liability lies with you.
3) As stated in paragraph one (1) above, whilst you may be a leaseholder at South City Court, the site is owned and managed by DMG Block Management. As such, our Client is entitled to operate at the site in accordance with the terms and conditions of their contract with DMG.
Lastly, we note that your emails are unsigned/not named, and as such, we are unable to log your email as a formal appeal. In the event that you wish to make use of our internal appeals procedure, we would urge you to s_ubmit a formal challenge/appeal which includes your full name and correspondence address. This information needs to be with us on or before 12 May 2015. In the absence of such an appeal, it is our instruction to pursue the remaining balance, and this may include (but not be limited too), passing your details onto a Collections Agency for the purposes of recovery.
We trust the above addresses your points, but should you require any further information, please don't hesitate to contact us.
Regards
Vicky.
PCN Parking Solutions
Hi mystery1
LPS has sent back the following missive (uncorrected by me). I wonder if you could advise me what to do next.
Kindest regards
Minxi
Good Afternnon,
Thank you for your recent email the contents of which we note.
For the avoidance of doubt, our Client; London Parking Solutions have a signed contract from the Landowners (DMG Block Management) of South City Court, Peckham to operate and enforce parking control measures at the site.
As part of the parking measures in place, residents are required to clearly display a valid parking permit at all times whilst using the car park.
Whilst the comments that you have raised have no bearing on this matter, for the purposes of completeness, we shall address each point raised;
1) Genuine Pre-Estimate of Loss
The amount claimed is for a breach of the contractual relationship between yourself and London Parking Solutions, who act as agent for the landowners. By parking at the site and not abiding by the displayed terms and conditions of parking, you have agreed to pay the Operator a core price term.
Notwithstanding the above, even if it was a penalty clause, the recent case of Beavis and Parking Eye (Court of Appeal February 2015 - Judgement handed down in April 2015) has made it clear that such clauses are enforceable in breach of contract unless the amount claimed is unconscionable. As the amounts claimed here are similar to those considered reasonable by the Court of Appeal, the issue of GPEOL is irrelevant.
2) You are absolutely correct insomuch as you are under no statutory obligation to name the driver at the time of this parking event.
On 14 April 2015 however a Notice to Keeper letter was sent to you as the registered keeper of the material vehicle. As you may or may not be aware, under the Protection of Freedoms Act 2012 and in particular Schedule 4 of the same, a creditor may seek to recover outstanding Parking Charge Notices ("PCN") from the registered keeper of a vehicle, providing that certain criteria has been met.
Having reviewed this matter, we are entirely satisfied that our Notice to Keeper has been sent in accordance with POFA 2012, and therefore, as the registered keeper of the material vehicle, liability lies with you.
3) As stated in paragraph one (1) above, whilst you may be a leaseholder at South City Court, the site is owned and managed by DMG Block Management. As such, our Client is entitled to operate at the site in accordance with the terms and conditions of their contract with DMG.
Lastly, we note that your emails are unsigned/not named, and as such, we are unable to log your email as a formal appeal. In the event that you wish to make use of our internal appeals procedure, we would urge you to s_ubmit a formal challenge/appeal which includes your full name and correspondence address. This information needs to be with us on or before 12 May 2015. In the absence of such an appeal, it is our instruction to pursue the remaining balance, and this may include (but not be limited too), passing your details onto a Collections Agency for the purposes of recovery.
We trust the above addresses your points, but should you require any further information, please don't hesitate to contact us.
Regards
Vicky.
PCN Parking Solutions
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