PCN (NW) court claim issued

lulubelle17_07

We are in the exact same position - same place, same reason, same circumstance and I even think same day. Pretty sure we did not receive a notice before action, but had previously ignored all letters and demands. Any advice regarding this would be grateful received

Coupon-mad

A late Notice to Keeper is worth an urgent complaint email to the BPA and DVLA - and express that the complaint is urgent because the PPC have served court papers over this flawed Notice. Email addresses here:

https://forums.moneysavingexpert.com/discussion/comment/62837083#Comment_62837083

Same situation posted here today as well, two other threads like yours:

https://forums.moneysavingexpert.com/discussion/4777885

https://forums.moneysavingexpert.com/discussion/4777717

You need to write a skeleton defence to submit, so read the links from here:

http://forums.moneysavingexpert.com/...33805&posted=1

Should help you get your head around it if you follow the links and open some tabs to read up on defences people have used, discussions about PPCs issuing small claims and what to do and by when. Also here is a copy of a typical 'Letter before Claim' attempt issued by GPB in August over a PCN (NW) case:

http://s15.postimg.org/461bw7gcb/GHP_Letter_1.png

http://s15.postimg.org/pv0802ikb/GHP_Letter_2.png

zzzLazyDaisy will tell you (no doubt) that is not a compliant LBC and so you can also argue on top of your defence points, that the 'solicitors' who should know better are sending out template letters which fail to adhere to the Practice Direction...{waits for zzzLazyDaisy to pick this point up tomorrow in her inimitable fashion!}.

The newbies on this thread need to start your OWN threads individually, please. Every case is different and progresses differently, dates/detail are never exactly the same so stay on your own threads (but read others of course). You should all be complaining to the BPA and DVLA if you got late NTKs, complain to the landowner about this harassment and make sure you all submit an acknowledgement and then a skeleton defence (read the links). If you fail to do the latter you will lose by default and that would be a shame with a claim that looks flawed, issued speculatively, IMHO, to try to scare people into panicking and paying.

zzzLazyDaisy

lulubelle17_07 wrote: »

We are in the exact same position - same place, same reason, same circumstance and I even think same day. Pretty sure we did not receive a notice before action, but had previously ignored all letters and demands. Any advice regarding this would be grateful received

Please start your own thread so you can get advice on your own case - posting on someone else's thread just causes confusion. D

zzzLazyDaisy

Coupon-mad wrote: »

Also here is a copy of a typical 'Letter before Claim' attempt issued by GPB in August over a PCN (NW) case:

http://s15.postimg.org/461bw7gcb/GHP_Letter_1.png

http://s15.postimg.org/pv0802ikb/GHP_Letter_2.png

zzzLazyDaisy will tell you (no doubt) that is not a compliant LBC and so you can also argue on top of your defence points, that the 'solicitors' who should know better are sending out template letters which fail to adhere to the Practice Direction...{waits for zzzLazyDaisy to pick this point up tomorrow in her inimitable fashion!}.

DAZWANA:

It seems GPB are the solicitors now acting for PCN (NW) and they should/would have served a Letter Before Claim before starting proceedings. Have a look at the links that Coupon has posted above - that's what their LBC looks like (and no it most certainly is not compliant!).

If you can find it, we can use it to really hit back at them. But if you can't don't get too hung up about it. When you deal with the defence complain in an early paragraph that they failed to send you a letter before action, and importantly failed to comply with the Practice Direction and ask the court to Stay (suspend) the proceedings to enable these steps to be carried out. (Then go on to deal with the defence as normal). Once your defence has been filed come back here for assistance in making a formal application to the court.

BUT FIRST send a copy of the non-compliant PCN to Steve Clark at BPA, head your letter FORMAL COMPLAINT AGAINST BPA MEMBER PCN (NW) LTD tell him that you are the Registered Keeper of the vehicle (quote reg number and PCN number) and COMPLAIN strongly that PCN (NW) have started court proceedings against you in respect of a parking charge which is clearly invalid as it was served significantly out of time and as such is in breach of PoFA 2012 and the BPA code of practice. Also complain about PCN (NW) unlawfully requesting registered keeper details from DVLA. And ask him to intervene and instruct PCN (NW) to cancel this unlawful charge. Tell him you have copied this letter to DVLA.

DO THIS TODAY (e-mail addresses below).

Steve.C@britishparking.co.uk and
elizabeth.symonds@dvla.gsi.gov.uk

Daisy

EDIT - apologies - just realised that I have repeated advice already given by Coupon about BPS & DVLA.

dibuzz

dazwana wrote: »

i cant remember if this is a free parking car park i will check this weekend by having a drive down to see and take a few photos of signs etc.

It is a free car park, also a very confusing one as some parts say college parking only and some are for the leisure scheme (cinema, Pizza Hut, Nandos and the bars)
I don't know if there are more but the only disabled spaces I know of are right next to Pizza Hut so are invariably filled with people picking up a takeaway.

zzzLazyDaisy

Dazwana - just a reminder - the PoFA Point hinges on them taking action against you as the Registered Keeper. If you identify yourelf as the driver, that whole argument is dead in the water.

So in corresponding with ANYONE (BPA/DVLA/PCM/etc) ALWAYS identify yourself as The Registered Keeper, and if you need to refer to any thing that happened refer to 'the Driver' in the third person.

(Sorry if this is obvious, but it is so important that I just thought I'd mention it)

D

dazwana

zzzLazyDaisy wrote: »

Dazwana - just a reminder - the PoFA Point hinges on them taking action against you as the Registered Keeper. If you identify yourelf as the driver, that whole argument is dead in the water.

So in corresponding with ANYONE (BPA/DVLA/PCM/etc) ALWAYS identify yourself as The Registered Keeper, and if you need to refer to any thing that happened refer to 'the Driver' in the third person.

(Sorry if this is obvious, but it is so important that I just thought I'd mention it)

D

Thanks for the assistance. i will get started on the actions you have given me in the previous posts

dazwana

quick update.

Email was sent to steve Clark at BPA about the NTK not being sent in time and he has opened up an investigation into this case.

His operations manager will be in contact shortly.

Fingers crossed

zzzLazyDaisy

For info - the Ops manager who seems to be dealing with these complaints is

David Metcalf
Operations Manager
British Parking Association
Tel: 01444 447 302
Fax: 01444 454 105
Email: david.m@britishparking.co.uk

stgmoss02

We have a similar situation to this & just thought we had got home & dry with our 28 days from filing our defence when we have had a letter today saying that Gladstones Solicitors Knutsford are now dealing with it as GPB Solicitors have ceased trading. They note we filed a defence & say their client will be proceeding with the case. Has this happened to anyone else as there were a few with similar situations?