Another PCN (NW)Ltd County Court Claim

Jimmy_Shand

Reply received from Dave Metcalf following my complaint to the BPA:

Further to our recent correspondence regarding PCN NW, I have to advise you that during our investigation into this matter, the operator opted to cease their membership with us and join another Trade Association – the IPC. Sadly this means that we are unable to conclude the case and have had to close the file.
We believe that PCN NW had acted in breach of the Code and had instructed them to rectify the situation by improving their processes and by cancelling the Parking Charge Notice issued to you. They have not responded to this instruction. We have issued PCN NW with Sanction Points but sadly this will not see your ticket cancelled.
I am sorry that we could not have been of more practical assistance in this instance and I hope that you appreciate our position in this regard.

kirkbyinfurnesslad_2

Odd isn't it they only provide this kind of response when it's to late.......

esmerobbo

kirkbyinfurnesslad wrote: »

Odd isn't it they only provide this kind of response when it's to late.......

Not really KIFL it makes it really easy for them, wonder how many sanction points they got, wouldn't be surprised if it was the elusive 12 we have never seen before!

kirkbyinfurnesslad_2

esmerobbo wrote: »

Not really KIFL it makes it really easy for them, wonder how many sanction points they got, wouldn't be surprised if it was the elusive 12 we have never seen before!

U missed my sarcastic tone:)

Jimmy_Shand

Update: I have just contacted the Court, and since the Court has had no reply from PCN's solicitors following submission of my defence (they had 33 days to respond) the action has been stayed. This means that it will cost the claimant £45 if they wish to proceed from now on. However, the claim remains open unfortunately.

bod1467

Nice one.

kirkbyinfurnesslad_2

Good to hear:)

Redx

I would have thought that this BPA reply would also add more weight to your court case IF they decided to pursue it any further, seeing as the BPA found the ppc to be lacking and wanted the pcn cancelled, more ammunition in my book

esmerobbo

kirkbyinfurnesslad wrote: »

U missed my sarcastic tone:)

Oh No I Didnt!! (seeing its pantomime season)

Jimmy_Shand wrote: »

Update: I have just contacted the Court, and since the Court has had no reply from PCN's solicitors following submission of my defence (they had 33 days to respond) the action has been stayed. This means that it will cost the claimant £45 if they wish to proceed from now on. However, the claim remains open unfortunately.

Nice one, there is another over on CAG that has been stayed from these muppets.

pvt

Jimmy_Shand wrote: »

Reply received from Dave Metcalf following my complaint to the BPA:

Further to our recent correspondence regarding PCN NW, I have to advise you that during our investigation into this matter, the operator opted to cease their membership with us and join another Trade Association – the IPC. Sadly this means that we are unable to conclude the case and have had to close the file.
We believe that PCN NW had acted in breach of the Code and had instructed them to rectify the situation by improving their processes and by cancelling the Parking Charge Notice issued to you. They have not responded to this instruction. We have issued PCN NW with Sanction Points but sadly this will not see your ticket cancelled.
I am sorry that we could not have been of more practical assistance in this instance and I hope that you appreciate our position in this regard.

This raises the question of whether the DVLA should be made aware of the situation. The BPA's response here is showing they have no real way of enforcing their CoP. But it is on the basis of the CoP existing that the DVLA allow any BPA members to access the data provided to them by private individuals.

It also suggests an operator can rack up a stack of naughty points with one accredited scheme then move to another and presumably reset their counter?