PCN (NW) LTD taking me to court

Coupon-mad

Guys_Dad wrote: »

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 registered 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 potentially liable to be pursued 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 Registered Keeper from PCN(NW) stating £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 registered keeper has been lost, and I am not required to disclose who the driver was.

[STRIKE]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.[/STRIKE]

In addition, I can tell you that the passenger was a lady who is disabled and has a Blue Badge, so she had a legal right under the Equality Act 2010 to the 'reasonable adjustment' of the car being parked in that bay. The Blue Badge scheme does not apply on private land and even if your signs may have tried to create a 'contract' around such a badge it would be unenforceable as a term, since it breaches the Equality Act. More details will be in my defence against your speculative claim.

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

yours

state name but do not give such firms your real signature


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

I would suggest adding the above so the Equality Act is flagged up in the letter as well. I also removed the bit about you being able to show a court that you were elsewhere... And complain to the retail park about it too, in writing (and to the DVLA and the BPA which is 2 simple emails).

But the overriding thing is to keep the court deadlines in mind and make sure you've acknowledged the claim and know when you have to then submit your skeleton defence.

Coupon-mad

spacey2012 wrote: »

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

Linky not working for me?

Scouse_Magic

vickykelly wrote: »

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

Hi there, no one has given you the correct advice yet.....Write to nobody

The fact of the matter is The blue badge scheme does not apply on private land, and cannot be enforced against any one, therefore let them take you to court and counter claim for harassment...I will help you all the way

Trust me when it comes to Roxburghe, I am an expert !!!!

You mention Graham White ?? They have gone awol since heavy defeats to me and now roxburghe are trying to recover old claims....Note in the Graham White letter it states "Our Client Roxburghe" And that is exactly the same set up now, so if your claim form states GPB on behalf of PCN that is a lie and must be flagged up to the court

Roxburghe are firing out a lot of threats lately Using GPB's letterheads mainly because they are on their last legs with the OFT, and I know exactly why GPB suddenly and miraculously opened a spare table at roxburghes address in may 2013

Coupon-mad

I agree that the BB scheme doesn't apply on private land as such, but if a PPC has incorporated it into a sign they THEY will argue in court that it's a contractual requirement.

Now this is defendable because such a contractual term is expressly unenforceable under the Equality Act 2010 - but it would take some arguing and understanding by the OP and also a judge who will listen. Arguing just that point about Blue Badges without explaining why it's an unenforceable term under the EA, would likely lose (most judges would see the contract as black and white).

Here is a link for the OP which leads to lots of info I have collated about defending a small claim from a PPC:

https://forums.moneysavingexpert.com/discussion/comment/63033805#Comment_63033805

And a letter should indeed be sent to PCN(NW) as already explained above. Nowt wrong with telling the PPC what they have done wrong and why they'll lose - it may be enough to get them to decide not to continue when they also see your defence (which must be lodged in time).

Stroma

I think coupon covers that in post #22, but to say nobody has given correct advice is a bit much! You may have been to court with roxburghe, but others here are offering their advice freely, and I am sorry that doesn't make you an expert.

The fact is you cannot go to a small claims with just the blue badge scheme doesn't apply on private land, you have to take apart the whole scam and hope the district judge will listen. It's a lottery there and your chances of success statitisically is about 50% .

So trying to make this go away before a court case must be tried first when work can be done without personal attendance

Scouse_Magic

Stroma wrote: »

I think coupon covers that in post #22, but to say nobody has given correct advice is a bit much! You may have been to court with roxburghe, but others here are offering their advice freely, and I am sorry that doesn't make you an expert.

The fact is you cannot go to a small claims with just the blue badge scheme doesn't apply on private land, you have to take apart the whole scam and hope the district judge will listen. It's a lottery there and your chances of success statitisically is about 50% .

So trying to make this go away before a court case must be tried first when work can be done without personal attendance

I am an expert where Roxburghe is concerned and I know their every trick in the book...

There is no contractual arrangement, even if there was, markings on private land are not enforceable in any shape or form unless causing obstruction.

The entire claim is flawed without writing to anyone.....PCN NW fired this up to Roxburghe who added on their fee who then passed it to GPB so GPB's Client is not PCN NW and anything that states that is BS .......It is a 3rd party claim and contempt of court

There is no point whatsoever writing to PCN NW (The very people trying to obtain money) The BPA are full of PPC's including one Gary Osner of Roxburghe so no point in that, and there is no lottery in court because the law is the law

Coupon-mad

I would disagree, Scouse Magic.

Scouse_Magic

Coupon-mad wrote: »

I would disagree, Scouse Magic.

Thats ok I guess it is up to the OP how she wishes to go forward as there is lots of advice on here about POFA, Equality etc..

We must always remember though that this is Roxburghe all over !

My advice is also free lol ! The OP Or Judge do not have to be clued up, just reminded that This does not relate to the Road Traffic Act as it is Private land and therefore not applicable and laughable.

The second point (and the main point) is that the claim will say "GPB who act on behalf of PCN NW"....The judge will have no idea roxburghe are the ones behind this......

Why do you think that when Graham White V Me supposedly representing a NHS Trust (Well that was the smoke screen ) and when they got stuffed, the Letter confirming Payment to me was from Graham White, but the Cheque From Roxburghe......

It is exactly the same set up here and it is a third party claim

esmerobbo

With all due respect on your win Scouse Magic, After reading your court transcripts I think my St Bernard dog could have beaten Sobell the way he presented his case.

I would also disagree with your presumption that the law is the law! Unfortunately and many of us have seen it here, in county court it is the DJ who interprets the law!

Simply starting the blue badge scheme does not apply to private car parks is not wholly correct. The blue badge scheme gives holders concessions on public highways car parks and other places. If a car park owner wishes to make a condition that blue badge holders can only park in a certain area (as long as it is not discriminating) then they can, same as they can say only blue cars in this bay, or red ones in this bay.
What they can't do is penalise a disabled person who parks in a disabled bay, they also can not police the blue badge as we have seen when they issue a charge for an out of date badge. Private car parks are warped in a way because the condition they try to impose is that you show a valid blue badge, not that you are disabled!

Much better idea to beat them off before getting near a court.

kirkbyinfurnesslad_2

Scouse you are being far to presumptive here.
Dont automatically assume that this claim is a third party one. You don't know this for sure. You could be write but it's better the OP gets it killed of before any hearing.

Your two wins against sobbell do no mean that your advice is always correct.