PCN (NW) LTD taking me to court

vickykelly

Ok so I parked on my work (college) car park in a disabled bay during an evening event and parked in a disabled bay as I had my mother with me. She forgot to out her blue badge out and I got a ticket from PCN (NW) LTD, this was in November last year.

After taking advise from this forum I ignored the ticket and the inevitable correspondence that followed from Roxburghe solicitors and then Graham White solicitors and yesterday I got a claim form from Nothampton County Court saying PCN are claiming £235.57 from me for a ange of things .

I live in Liverpool so Northampton????

Any advise with regards to this? Shall I just pay it or do I stand a good chance if I defend it?

Thanks in advance for any help

peter_the_piper

When was this as ignore has not been the advice since Oct 2012? Wait for Couponmad for help as she is well up on bluebadge invoices.

vickykelly

All correspondence kept and as follows:

Ticket issued Nov 2012 by PCN

Parking charge notice to RK from PCN staring £100 due for 'No valid disabled badge on display'. Dated 4th March 2013

Letter received from Roxburghe stating £160 now due in line with terms and conditions for recovery and admin charges dated 8th April 2013

Letter received from Graham White solicitors dated 19th April 2013 saying their client Roxburghe who are acting on behalf of PCN have instructed them to recover the total amount (£160). They go on to say PCN 'May' instruct us to take legal action in the county court. They then go to on state the potential costs associated with issuing a claim totalling £207.25

Lastly claim form stamped by Northampton County Court dated 25th Sept stating total amount now is £235.57

vickykelly

Thanks Peter the piper, I took advice from reading similar threads, didn't se the point of starting my own as there was so many similar ones existing. I now see the error of this :-(

vickykelly

It was 21st Nov ticket was issued which makes it 103 days for first letter after ticket....not sure why I want to point this out, maybe something I've read about a within 100 days rule or something??

Stroma

So is the claim by GPB solicitors ? And I gather by the response above you haven't had a letter before claim? You need to login into mcol and acknowledge the claim, say you will defend in full, and then ask for 28 days to submit your defence.

These jokers appear to think that they can issues claims without going through the proper process of issuing a claim!

Umkomaas

Can you confirm please.

Windscreen ticket issued in Nov 2012 and your very first piece of correspondence from PCN (NW) was on 4th March 2013? If so they are out of time to pursue the RK.

Also, who is pursuing you via Court Papers - is it G White or GPB?

I think you were 'chased off' this thread and asked to start your own - Forum Rules - but what I've read seems to be a very similar case to yours, so the advice there can be followed.

https://forums.moneysavingexpert.com/discussion/4777641

vickykelly

Hi Stroma, the claimant is PCN (NW) LTD but the address for sending documents and payments is GPB solicitors according to claim form.

I have kept everything I have received in the post about this and definitely have not had a letter before claim.

umkomass yes I got the windscreen ticket on 21/11/12 and first letter from PCN dated 4th March 2013

Will log onto mcol today and register my intention to defend claim... Obviously a bit nervous of doing this but hey what's the worst that could happen :-)

Umkomaas

You also need to send a very strong complaint to the BPA and DVLA as PCN (NW) have no lawful right to be even pursuing you for the basic ticket as they are way over time, let alone instructing debt collectors and lawyers to harass you when there is no debt.

The 'worst' that can happen to you if you follow the advice on here is to have to write a few letters.

But it's important you file a defence, otherwise there will be a default judgment against you.

nigelbb

Important. Do not admit that you were driving or their out of time Notice To Keeper becomes irrelevant.

zzzLazyDaisy

This is getting ridiculously predictable behaviour by GBP!

You MUST send a strongly worded complaint to Steve Clark at BPA about one of their members taking you to court over an invalid PCN.

Head it up FORMAL COMPLAINT ABOUT UNLAWFUL CONDUCT BY BPA MEMBER PCM (NW).

Send him a copy of the PCN and point out the dates of the 'parking event' and the date on the PCN, and that this is a clear breach of PoFA 2012 and the BPA code of conduct. Ask for his assistance in getting this unlawful parking charge cancelled.

Then copy both the PCN and the letter to BPA to DVLA for their attention.

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


As court proceedings have already started in your case, I also suggest that you write to GPB Solicitors, with a letter quoting your court case reference, identifying yourself as the Registered Keeper and complaining about the fact that you did not receive any warning or notice of these proceedings in the form of a 'letter before action' and also pointing out that in any event their client has no cause of action against you as it has failed to comply with the PoFA 2012 provisions necessary to entitle it to pursue the RK. Tell them that you have made a formal complaint to Steve Clarke at BPA and also DVLA about their client's conduct and strongly suggest that they advise their client to cancel the charge and withdraw the court proceedings before this matter goes any further.

EDIT - as Nigel says, in all correspondence identify yourself as the Registered Keeper. If you have to say anything about what happened, refer to 'the driver'. Do not identify yourself at any point as being the driver, or the whole complaint about failure to comply with PoFA falls away.



Do not take your eye off the court action though. You must file your acknowledgment on MCOL that gives you 28 days to file your defence.