PCN (NW) LTD taking me to court

peter_the_piper

Although its right to pursue the BPA we must not lose sight of the """Claim Form"""
Was this a real claim form, can't see how a debt collector can issue a claim for a debt that does not exist. Have you phoned Northampton to confirm its genuine?

kirkbyinfurnesslad_2

They are genuine

Gpb are solicitors not debt collectors

peter_the_piper

Just want to ensure that OP has checked. Ooops about the debt collectors but they are acting like them.

zzzLazyDaisy

peter_the_piper wrote: »

Ooops about the debt collectors but they are acting like them.

Yep, you have it right there. I reckon they are ambulance chasing smaller PPCs and picking up their stash of old ignored PCN's.

Actually we should be keeping a record of the posters who are being threatened by court action on invalid PCNs. Might be worth a complaint to the SRA...

Guys_Dad

nigelbb wrote: »

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

Echoing what Nigel says, you need to read up on the requirements of POFA here http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

The relevant section, as you had a windscreen ticket, is section 8, in particular 8.5.

This is the basis of your complaint to BPA and DVLA and I would also contend, something you should get in writing to the PPC and GBP.

I suggest a letter to PCN(NW) along the following lines

Dear Sirs,

Your ref etc..........

I am the keeper of the above vehicle and I am challenging your Parking charges on the following grounds

You are pursuing me as the keeper of the vehicle which can only be under POFA12 legislation. This renders the keeper liable for charges if they fail to inform you of who the driver was at the time of the alleged contravention.

However, the Protection of Freedoms Act 2012 is absolutely specific about the time scale that you MUST follow when issuing a notice to owner/keeper. I refer you to the relevant section

(8.4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.
(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

The time scale in this case was as follows.

Ticket was issued Nov 2012 by PCN

No further communication till Parking charge notice dated 4th March 2013 to Record Keeper from PCN staring £100 due for 'No valid disabled badge on display'.

Clearly this exceeded the times defined in POFA12 and, therefore, your right to pursue me as record keeper has been lost, and I am not required to disclose who the driver was.

Should you continue with your threat to pursue this through the court, be advised that I am able to produce witnesses to show that I was elsewhere at the time.

Perhaps you may care to reflect on this and take advice, as well as discussing further with Roxburghe & GPB.


This may cause them to stop and think and, hopefully, learn about POFA.

nigelbb

I suggest that you check GD's spelling before sending a letter off. You are the Registered Keeper not the Record Keeper.

vickykelly

This is all great stuff, thank you all for your help :-)

esmerobbo

If and its a big if, it ever gets to an actual court hearing worry not they would have to travel to Liverpool!

Umkomaas

esmerobbo wrote: »

If and its a big if, it ever gets to an actual court hearing worry not they would have to travel to Liverpool!

Arrive by car, return on the train :rotfl:

spacey2012

GPB operate as collectors of accounts under the CSA collecting code of conduct, if you read this you will see the action they are taking breaks every single rule of this code of conduct.
Please complain to the CSA about them.
code here : http://www.csa-uk.com/media/editor/file/CSA%20Code%20of%20Practice%281%29.pdf