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  • FIRST POST
    • Red1971
    • By Red1971 5th Dec 17, 3:19 PM
    • 4Posts
    • 0Thanks
    Red1971
    PCN notice
    • #1
    • 5th Dec 17, 3:19 PM
    PCN notice 5th Dec 17 at 3:19 PM
    Hello, i have just received a letter from ZZPS who have been tasked to recover a parking charge notice from Civil Enforcement. They are a BPA company by the looks of things. I have made a mistake by ignoring the previous 2 letters - silly i know. This PCN was not a ticket on my windscreen but camera pictures. I genuinely didn't see their signs, yet on reflection they are pretty clear sadly. I am just about to copy and paste the appropriate wording from the standard letter kindly given in the 'newbies read this first thread'. The fact this has now been passed to a debt recovery company so the wording of 'i will not respond to debt recovery letters (or something similar) - is this now too late? Shall i cough up?

    Thank you in advance for any guidance.
Page 1
    • Redx
    • By Redx 5th Dec 17, 3:24 PM
    • 16,902 Posts
    • 21,012 Thanks
    Redx
    • #2
    • 5th Dec 17, 3:24 PM
    • #2
    • 5th Dec 17, 3:24 PM
    much too late to appeal

    as this was ignored at the time when appealing may have worked , you may as well carry on ignoring for now

    come back if you receive an LBC or an MCOL in the post , within 6 years

    post #4 of that newbies thread deals with debt collectors
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Loadsofchildren123
    • By Loadsofchildren123 5th Dec 17, 3:25 PM
    • 1,756 Posts
    • 2,869 Thanks
    Loadsofchildren123
    • #3
    • 5th Dec 17, 3:25 PM
    • #3
    • 5th Dec 17, 3:25 PM
    please edit your post #1.
    You do not want to identify who was driving.
    You refer to "the keeper" and "the driver". You can identify the keeper, that's not an issue.


    A driver is potentially liable for parking charges, provided the parking Co can show a contract was formed (by the adequate display of signage, with the correct sort of wording).
    A keeper can only be made liable (where the driver cannot be identified) if the provisions of Schedule 4 of POFA are complied with.
    In the case of a postal notification (which we call the NtK) where there was no windscreen ticket, under POFA this must be sent to the keeper within 14 days.
    If it wasn't, then the keeper cannot be liable, only the driver can.
    Hence you do not identify the driver.


    Was your postal NtK received within the 14 days?
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • Red1971
    • By Red1971 6th Dec 17, 10:24 AM
    • 4 Posts
    • 0 Thanks
    Red1971
    • #4
    • 6th Dec 17, 10:24 AM
    • #4
    • 6th Dec 17, 10:24 AM
    Thank you so much for the advice. Embarrassingly i simply chucked the 2 letters away, so i don't know when i received them. I could ask ZZPS to provide me with copies?? I haven't responded to anyone about this as yet, but i will make sure i use the term 'keeper' and not 'driver'. Thanks again.
    • Loadsofchildren123
    • By Loadsofchildren123 6th Dec 17, 10:39 AM
    • 1,756 Posts
    • 2,869 Thanks
    Loadsofchildren123
    • #5
    • 6th Dec 17, 10:39 AM
    • #5
    • 6th Dec 17, 10:39 AM
    Do you remember getting it quickly after the parking event?
    It would be much better for you to be able to say it was served late, and defend as keeper, not driver.
    Don't tell them you no longer have them.
    If they eventually send a LBC you can respond and ask for various bits of info/docs, and you can ask then, in a way that doesn't put them on notice that you threw them away.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • Quentin
    • By Quentin 6th Dec 17, 10:40 AM
    • 33,509 Posts
    • 17,390 Thanks
    Quentin
    • #6
    • 6th Dec 17, 10:40 AM
    • #6
    • 6th Dec 17, 10:40 AM
    Read up on this in the Newbies FAQ thread near the top of the forum to understand the game you are now caught up in.

    You are in the debt collectors stage during which you should ignore everything except a lbcca or Court correspondence.

    Come back for advice on how to deal with a court claim should you get one.

    (Follow the advice you have been given in #3.)

    The ppcs monitor this forum and can use your posts against you
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