PCN (NW) LTD taking me to court

zzzLazyDaisy

da_rule wrote: »

whilst there is no specific pre-action protocol for these types of matters the Pre-Action Conduct Practice Direction will apply. Section 1 of this Practice Direction sets out that parties should give consideration to the use of ADR. Refusing to at least attempt to negotiate may also be seen as a breach of the CPR overriding objective, namely 1.1(2)(a)&(e) as it shows the parties are trying to save time and expense.

Absolutely, but the practice direction refers to a suitable form of ADR. The suitable form of ADR in parking cases is POPLA which was set up by the parking industry to deal with disputes. The PPCs refuse to entertain a request that the case be referred to POPLA relying on their own self imposes 28 day time limits (POPLA has confirmed that it does not impose any time limit and will hear any appeal as long as the PPC provides a POPLA code). So it is not in fact the defendant who is refusing to have the matter referred to the appropriate ADRm but the PPC. There have already been some cases stayed by the courts with an order that the PPC must first refer the case to POPLA ADR.

da_rule

zzzLazyDaisy wrote: »

Absolutely, but the practice direction refers to a suitable form of ADR. The suitable form of ADR in parking cases is POPLA which was set up by the parking industry to deal with disputes. The PPCs refuse to entertain a request that the case be referred to POPLA relying on their own self imposes 28 day time limits (POPLA has confirmed that it does not impose any time limit and will hear any appeal as long as the PPC provides a POPLA code). So it is not in fact the defendant who is refusing to have the matter referred to the appropriate ADRm but the PPC. There have already been some cases stayed by the courts with an order that the PPC must first refer the case to POPLA ADR.

I think the courts own mediation service would also fall under ADR, it is after all keeping the case out of the court and saving time and money in the long run.

Also, as part of the mediation the OP could ask the PPC to allow the matter to go before POPLA, if they are claiming their evidence is strong enough to go to court with then it should also be strong enough for POPLA.

Coupon-mad

vickykelly wrote: »

Oh my god, this never seems to end.

Today I have received my 'Notice of Proposed Allocation to the Small Claims Track' :-(

This was issued on 27th Feb, Shen I filed my defence in November 2013!

Is it worth stating that I am happy to do the mediation and see if they will come to a compromise or shall I just tick the go to court box?

Any advice appreciated.

Same advice as here, same as you:

https://forums.moneysavingexpert.com/discussion/4779558

https://forums.moneysavingexpert.com/discussion/4787128

https://forums.moneysavingexpert.com/discussion/4779596

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

Not sure why so many posters thought this was 'over', seeing as the forum stickies tell you what happens next. This N180 form was to be expected and is already covered in the links in the 'NEWBIES' sticky FAQs thread under 'small claims' where (in one of the links I provide) Bargepole explains what happens when and what to do. It goes to the small claims track and mediation is up to you.

As I said to one of those other posters, put a covering letter with the N180 (can't type it all again!).

dazwana

For those of you in the same situatuion as me with PCN (NW) its worth sending an email to [EMAIL="David.dunford@dvla.gsi.gov.uk"]David.dunford@dvla.gsi.gov.uk[/EMAIL] complaining about PCN (NW) in regards to your case as i have just had a response from him. (see below)

I complained on the basis of the NTK being out of time and the non complience when requesting my details from DVLA.

Also mention that BPA instructed them to cancel the charge but they have ignored the request.



Dear MR xxxxxx

Thank you for your email regarding this matter.

I have raised this as a matter of urgency with the IPC (who are now PCN NW’s accredited trade association).

I hope to have a response on this shortly.

Kind regards

David Dunford
Vehicle Data Customer Assurance and Compliance Practitioner
Data Sharing Team
Strategy and Policy Directorate | D16 | DVLA | Swansea | SA99 1DY
Twitter: @dvlagovuk
GTN 1213 Ext. 83867
(01792) 783867

vickykelly

Firstly Coupon-Mad thank you for all the advice you have given me. I have spent hours and hours looking over other people's cases, very similar to mine but Since your last message I have managed to come across the sticky threads and I can only apologise for being one of those people that makes you repeat your advice 50 thousand times :-(

I have wrote my cover letter to send with the N180 and printed off the copy of the email from BPA to state they advised PCN to cancel and hopefully that will be the end of it. I have also emailed David Dunford from the DVLA regarding the complaint as advised above.

Fingers crossed this works but if not, I will put on my fighting shoes and get my bum to court!

Coupon-mad

Good on you - keep us informed!

Jimmy_Shand

I emailed David Dunford and received this reply:

Thank you for your email regarding this matter.</SPAN>
While the PCN was issued outside of the requirements of POFA, this has been addressed by both the BPA and IPC with the relevant sanction points issued. However, PCN (NW) Ltd can still use the keeper details to pursue the matter in court. Ultimately, it would be for the judge to decide on who is liable for this notice.</SPAN>
Therefore, the DVLA cannot take any action as this situation has already been handled.</SPAN>
I realise you may be disappointed with this response.
Kind regards
David Dunford</SPAN>
The saga continues.