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PCN (NW) court claim issued

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24

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  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    That letter definitely isn't a letter before claim.

    And it was send back in April by Michael Sobell Solicitor (is he still on the Solicitors record?). Anyway, it only says that PCN (NW) *may* instruct them to issue legal proceedings. It isn't worth the paper it is written on.

    There should be a Letter Before Action or Letter Before Claim after that - probably much closer to the date that court proceedings were actually issued and probably sent by Graham White sols.

    Sorry if it sounds like we are being pedantic, but it would really help us to help you, if you could find that letter, and I'd be surprised if a solicitor would issue proceedings without sending a letter before action. It will not be compliant, but it is unlikely that it doesn't exist.

    D
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • this is the only other letter i have issued a month before the graham white one which is the one i posted above. im 99% certain i havent received the letter your stating i should have as i have not thrown anything away for a long time. is there any way to check if they have sent me one without asking them directly. i wil have a good look through all my paper work to see if i have missed it. i suppose theres no way i can prove i didnt receive the notice as they could just make one up if they needed and print it out?

    again please edit the http bit

    i902.photobucket.com/albums/ac229/Darren_Dazwana_Foulkes/IMG_3039_zps2ea5689a.jpg
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    edited 27 September 2013 at 9:51PM
    That's the original NTK but please take it down immediately and blank out the PCN number and vehicle registration number which identifies you personally, and then repost it without identifying details so one of the regulars can take a look.

    It is interesting because it states that it is a 'Parking Charge Notice - Notice to Registered Keeper', but it is dated March 2013 and states that the parking event was in Nov 2012. If that is right, they cannot rely on PoFA and this is worth a complaint to Steve Clark of BPA who has been quite active recently in getting charges cancelled where the NtK was served out of time.
    D
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • That's the original NTK but please take it down immediately and blank out the PCN number and vehicle registration number which identifies you personally, and then repost it without identifying details so one of the regulars can take a look.

    It is interesting because it states that it is a 'Parking Charge Notice - Notice to Registered Keeper', but it is dated March 2013 and states that the parking event was in Nov 2012. If that is right, they cannot rely on PoFA and this is worth a complaint to Steve Clark of BPA who has been quite active recently in getting charges cancelled where the NtK was served out of time.
    D


    have blurred out the info requested thanks for pointin out my reg was on there
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    dazwana wrote: »
    have blurred out the info requested thanks for pointin out my reg was on there

    The PCN number and the reg number are still clearly visible on the link. I suggest you delete the document and start again with a new link after masking all identifying features.

    D
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • new link haha i902.photobucket.com/albums/ac229/Darren_Dazwana_Foulkes/9fa63798-f7b1-4dba-9f31-099bd5c33707_zps6bd3ee0e.jpg
  • We too have had the court papers today for 'not parking in a designated parking space' in St Helens College Car Park on the 7th November 2012. Up until this we had ignored all letters. You are right - there was no where to park - there was a large container at the back of the carpark taking up several spaces & causing people to park out of line. We did what you did & got at the end of a row with two wheels up on the kerb but not in anyone's way at all. Tomorrow will read this thread through in more detail and dig out all letters we have received - can't believe we found an exact replica of our problem!!
  • Umkomaas
    Umkomaas Posts: 43,416 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    dazwana wrote: »
    new link haha i902.photobucket.com/albums/ac229/Darren_Dazwana_Foulkes/9fa63798-f7b1-4dba-9f31-099bd5c33707_zps6bd3ee0e.jpg

    If that's the original PCN, then it's way out of date.

    After the windscreen ticket the PCN to RK must be served no earlier than Day 29 and no later than Day 56 after the parking incident. I'm not going to count the actual days late, but a quick calc suggests more than 100+ days, therefore non compliant.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Yes and something to be added to the defence, forward as suggested a copy of schedule 4 of pofa 2012 with highlighted breaches of the legislation.and formulate the defence around those breaches.

    They appear to have a few claims judging by the number of posts, they would have done this under Graham White originally , how would using different solicitors work? I just can't see a judge accepting a claim to the courts with no letter before action/claim , are they that stupid in ppc towers?
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
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