PCN (NW) Court Summons Received

Daisy092013

I received a parking invoice for parking outside a designated parking space at the St Helens Cineworld/College car park on 26th October 2012. The car park was extremely busy and badly lit so I hadn't realised we were parked outside a space.

I am the RK but my ex partner was driving the vechicle. He read up online and decided to ignore the ticket but I wrote to them to inform them he was driving. We heard nothing back and thought that was the end of it.

However in about March this year I recevied a letter from Roxburge chasing me again. I received 2/3 letters to my parents address (I only notified the DVLA I had moved recently) and have now received a court summons.

Any advice is greatly appreciated. I am credit checked in my job every year and cannot afford to receive a CCJ

spacey2012

Anyone notice the obvious ?

Coupon-mad

Tell us about it! Start your reading here and on all the other similar linked threads because advice has already been given to several people like you:

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

...and even if you lose in a small claim you do not get a CCJ at all if you pay up at that stage. A CCJ only happens if a judgment is made and then you don't settle.

Fight this with lots of proactive letters and a robust defence - first of all though, acknowledge the claim and say you will 'defend in full'. If it goes to a hearing it will be local to you BUT I saw a lost PPC case st St Helens court earlier this year where the judge wouldn't listen to the motorist and railroaded a decision through (another PPC). So if there's a work address or family address nearer to another county court you can use as your address, then do so - IMHO - to avoid St Helens and that terrible judge.

IMHO it won't go to a hearing though if you are proactive including complaints to the DVLA, BPA and St Helens College for the actions of their non compliant, rogue agent. You will need to read up on what they should have done ubder POFA 2012 and the BPA CoP - and find what they've done wrong.

So read the other linked threads, and linkies from them, for starters.

kirkbyinfurnesslad_2

spacey2012 wrote: »

Anyone notice the obvious ?

Yup seems GPB are busy.

surfboy1

You have told them you were not the driver on that occasion, you have named the driver.
Seems to me that you have no case to answer. They are chasing the wrong person!

zzzLazyDaisy

Daisy092013 wrote: »

I am the RK but my ex partner was driving the vechicle. He read up online and decided to ignore the ticket but I wrote to them to inform them he was driving.

You need to write to PCN (NW) Ltd immediately, with copies to GPB solicitors, with a strong complaint about their conduct in starting court proceedings against you as the registered keeper, when they had already been advised in writing of the name and address for service of the driver on the day in question. And COMPLAIN to BPA & DVLA

I'll post a letters for you in a bit.

In the meantime you MUST respond to the court papers by going to MCOL, filing an acknowledgement and requesting extra time for filing a defence. That extends the time for the defence to 28 days from the service of the court papers. Do NOT ignore the court papers or PCN (NW) will obtain judgement against you.

GO to the link that Coupon-mad gave you in the post above and get reading.

Re your worries about a CCJ - that simply won't happen. Provided you follow advice it is very unlikely that the case will even get to a hearing, but IF it does, and IF you lose (and that is some big IF) provided you pay up within 28 days of the judgment, a CCJ will does not get recorded on credit record.

Daisy

zzzLazyDaisy

Here are some letters for you.

However before sending them, if you still have the original Notice to Keeper, please tell us:

the date of the 'parking event' and
the date of the notice to keeper

(depending on the times scales, I may wish to mend the letters to BPA & DVLA to include an out of time complaint)

Daisy

---

PCN (NW) LTD
[Insert Address]

[Insert Date]



Dear Sir

PCN (NW) LTD v [NAME]
Northampton County Court case number xxxx
PCN number xxxxx
Vehicle registration number xxxxx


I have today received service of the above court papers, seeking to enforce an unpaid PCN against myself, as the registered keeper of the vehicle.

If you check your records you will see that, by a letter dated [xxxxx] I informed you that I was not the driver of the vehicle on the day in question and provided the driver's name and address for service (copy letter attached).

As you are no doubt fully aware, The Protection of Freedoms Act 2012, specifically Sched 4, Para 5, (also at BPA CoP Appendix C) provides that in order to pursue the registered keeper, your company must be unable to take steps to enforce against the driver because it does not know the name of the driver and a current address for service.

Since you know who the driver is and where that person lives, that is the person who you must pursue, and you have no cause of action whatsoever against myself, as the registered keeper. I must therefore insist that you instruct your solicitor to withdraw this court action against me immediately.

Please note, if you persist in pursuing this frivolous and unreasonable claim, I shall produce witness evidence to attest to the fact that I was not the driver on the day in question, and ask the court to strike out this claim. Should this become necessary, I shall also ask the court to order your company to pay the wasted costs of myself and my witness pursuant to the provisions of CPR Part 27.14 (g).

I trust this will not be necessary and I look forward to receiving confirmation by return that the claim against me has been withdrawn.

Please also note that I have reported your breach of PoFA and the BPA code of practice to BPA & DVLA


Yours etc

PRINT NAME

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

---

Letter to GPB Sols

Dear Sirs

PCN (NW) LTD v [NAME]
Northampton County Court case number xxxx
PCN number xxxxx
Vehicle registration number xxxxx


Please find enclosed a copy of a letter to your client, PCN (NW) Ltd, the contents of which are self explanatory.

I look forward to hearing from you by return of post with confirmation that the above claim has been formally discontinued.

Yours etc

---

Letter to Steve Clark, BPA

FORMAL COMPLAINT AGAINST BPA MEMBER PCN (NW) LTD concerning serious breaches of POFA 2012 and BPA Code of Practice

Dear Mr Clark

I wish to make a formal complaint about PCN (NW) Ltd in respect of its clear breach of POFA 2012 schedule 4, para 5, and the guidance set out in the BPA Code of Practice.

On [date] PCN (NW) commenced legal proceedings against myself as the registered keeper, notwithstanding that, by a letter dated xxxx I had already provided the name of the driver and an address for service on the day in question. This was some xxxx weeks before your member started legal proceedings against me to enforce the charge.

I enclose a copy of a letter which I have sent to PCN (NW) today, requiring them to withdraw the court action against me and should be grateful if you would investigate this complaint as a matter of extreme urgency.

Yours etc

cc DVLA

---

Letter to DVLA

Please find attached a letter to Mr S Clark of the BPA, with enclosure, the contents of which are self explanatory.

I trust that you will take appropriate action against PCN (NW) Ltd in respect of its breaches of POFA 2012 and the BPA code of practice.

Yours etc

Daisy092013

No unfortunately the letters were delivered to my parents home (I moved out 4 years ago) and they put them in the bin.

Thank you very much for your help. I am putting the letters together as we speak and will deliver them today.

spacey2012

Hang on a minute, this does not add up.
I am the RK, the letters were delivered to my parents I moved out 4 years ago.

Think the game is up, this time you shot yourself right in the foot.

Daisy092013

I'm confused, what do you mean?

nigel3a

I think Spacey2012 means you said originally that you received the letters at your parents house, now you're saying they binned them. Now I'm confused