PCN final notice help!

flissg84

esmerobbo wrote: »

Its run of the mill to receive letters threatening court action, however the chances of it happening is minuscule.
Read the letter through it bet it has a few "May" "Could" or "Consider" 's in there?

That's why I'm stressing slightly, the letter says:

'if settlement is not received within 7 days of this letter then proceedings will be lodged with the county court without further notice.

The claimant seeks to recover the above amount plus all costs of the proceedings as detailed in previous correspondence and interest at the rate of 8% per annum.'

No may could or considers:(

Trebor16

Its what they do Fliss, all designed to scare the average person into thinking the tickets are official and have to be paid.

ManxRed

They'd be insane to try court action. Legally they haven't got a leg to stand on.

Once their first case is defeated in court it undermines every single letter they ever send again.

They'd be stupid to risk it.

bargepole

flissg84 wrote: »

...The claimant seeks to recover the above amount plus all costs of the proceedings as detailed in previous correspondence and interest at the rate of 8% per annum.'

It just doesn't work for their business model.

If they issued a moneyclaim, it would automatically get transferred to your local county court. Then you would have the opportunity to submit a defence. If it actually got to a hearing - and there were only 49 of those in 2011, out of an estimated 550,000 unpaid tickets - their solicitors would have to travel to your local court, and charge the PPC £200 an hour or whatever for their time, none of which they'd get back in costs.

And, in the very unlikely event of all that happening, we've got experts on here who will sort out a defence for you.

Coupon-mad

flissg84 wrote: »

Yes I've read the replies, I've also read that they don't usually bother sending these court proceeding letters either. Since I'm still getting the letters I wanted some reassurance as the last letter appears to be as legit as I would expect and I wanted to gage the response from other users. I apologise for repeat posting and thank u for your reply.

Nope, they ALL send this sort of 'Final Notice or else' letter!

They ALL threaten County Court.

NOTHING HAPPENS.

ManxRed

They send LOADS of letters threatening court proceedings.

Graham White Solicitors are under investigation by the Solicitors Regulation Authority for sending hundreds if not thousands of these letters out (actually they're sent by Debt Collectors called Roxburghe's but they don't want you to know that) without ever putting a single one in front of a judge.

Stephen_Leak

There are also now two recent landmark court cases, VCS Parking Control vs. Ronald Ibbotson, S!!!!horpe, 2012 and VCS Parking Control vs. HM Revenue & Customs, Upper Tax Tribunal, 2012. In both cases, the judges found that only the car park owner can take drivers to court. The Upper Tax Tribunal is a court of record, equivalent to the High Court, and therefore its judgement sets a legal precedent.

PS. VCS (Excel) were a particularly "litigious" PPC. They filed court papers at the last minute hoping to win by default but Mr. Ibbotson had his defence ready and printed so they were sucked in when he filed it on time.