HELP! PCN Received followed by Court order

rachade

Back in March I parked at Currys electrical store in Ipswich (Copdock Interchange) little did I know that there was a limit with parking. We were in the store for over 2 hours as we were purchasing a new TV, within a week I received a PCN from Civil Enforcement as I exceeded the 90 minutre free parking at the store. We didn't notice any signs at the time. I have seen online that the advice is to ignore these parking charge notices, which I have done.

However, when I first received the PCN I did email Civil Enforcement explaining I didn't notice the signs and we were in Currys actually for over 2 hours purchasing a new TV and sent them proof of purchase. They have in the meantime sent a reminder and now I have received a letter threatening court proceedings. I am concerned if this will give a bad credit rating and if it will actually go to court.

Can someone please give me some advice as to what I should do.

Should I pay the fine of £150 or should I ignore - HELP!

It just seems unfair when it was a genuine mistake and I was actually purchasing an item from a store that was situated at the car park and I didn't just 'dump' my car there and come back later!

I need to pay by 26.6.13 so any advice would be appreciated.

Regards

Stroma

Send this to them, there is no loss you have provided them with evidence of this.


Name
Address

Date

Dear Scammers,

In regards to the invoice received with ref number xxxxxx dated xxxxxx, the keeper denies all liability to your company, as a proof of purchase has been provided and attached again, if you reject this challenge the keeper requires within 35 days a popla verification code for them to appeal independently, per Version 2 of the BPA Code of Practice.

The keeper has nothing further to add, and will not respond to any correspondence from your company unless it contains the popla code.

The challenge will be deemed accepted if there is no popla code on any rejection that you supply within the timeframe stipulated above.

Yours Faithfully

Your name (printed)

peter_the_piper

Further, please post this on pepipoo.com, they have a lots of folks who will guide you but not on screen.

Coupon-mad

rachade wrote: »

...However, when I first received the PCN I did email Civil Enforcement explaining I didn't notice the signs and we were in Currys actually for over 2 hours purchasing a new TV and sent them proof of purchase. They have in the meantime sent a reminder and now I have received a letter threatening court proceedings.

Did you email the right address, do you have a copy of the email and did you get an acknowledgement or a reply?

And...did you say who was driving?! :eek:

rachade wrote: »

I am concerned if this will give a bad credit rating and if it will actually go to court.

Bad credit rating doesn't happen without you losing in court first and then you ALSO refusing to pay after the judge's decision. Wouldn't happen would it?!!

rachade wrote: »

Can someone please give me some advice as to what I should do.

Should I pay the fine of £150 or should I ignore - HELP!

It just seems unfair when it was a genuine mistake and I was actually purchasing an item from a store that was situated at the car park and I didn't just 'dump' my car there and come back later!

It's not a fine - of course do not pay it.

rachade wrote: »

I need to pay by 26.6.13 so any advice would be appreciated.

Regards

Oh no you don't!!!! :eek:


Send CE a letter that says they have failed to satisfy the requirements for registered keeper liability as they did not respond to your appeal emailed on xx/xx/13. Point out that, to comply with Schedule 4 of the Protection of Freedoms Act 2012, one of the requirements would have been to have given you a POPLA code within 35 days, if rejecting the appeal.

Say that they have also breached the BPA Code of Practice in several ways and the £150 'charge' to someone making a legitimate large purchase in the retail premises is clearly a penalty in the sense of Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd.

In addition, remind the scumbags that you have already stated that you did not see any signs and they have failed to rebut this assertion at all. Therefore no contract existed, no breach can have occurred. In Mendelssohn v Normand (1970) Lord Denning said ''He may have seen the notice, but he had never read it. Such a notice is not imported into the contract unless it is brought home to the party so prominently that he must be taken to have known of it and agreed with it.”

Say that if they take it to small claims you will robustly defend it and you have taken advice in this regard and you are not one to be intimidated. Alternatively, if they decide to send a late rejection of your appeal you will require a POPLA code of course, by return.

And the third option for them will be to cancel the fake PCN, not least since their client in the car park would not support their agent suing a customer who spent hundreds of pounds. If they should pursue it you will be complaining to their client in the strongest terms, as your first response and will consider your further action.

Computersaysno

Could you change the title of your posting as it's totally misleading [like the PPC scam-o-gram].

It's not a 'court order'...it's junk mail.