Notice of legal proceedings from I.C.C Legal Services

durham_girl

On 16 Sep this year I got a PCN for parking in a private car park. The fine was from CPP and they have sent 2 letters so far asking for payment of the invoice which we have ignored.

Today my husband (he is the registered keeper and I was the driver at the time) received a Notice of Legal Proceedings letter on pink paper saying that we must pay in full by 24 Dec or legal prceedings will be commenced without further reference.

What should we do next?

Redx

what I dont understand is that after 7 years and many posts on this forum, that you have not read the sticky threads at the top of this forum which clearly explain what to do about a PCN and DR letters, especially in E+W

I assume (maybe wrongly) that you are in the north east so if that is true then E+W advice is what you need

but I still cannot understand why you did not soft appeal and then appeal to popla if turned down

ignoring a pcn doesnt make it "go away" , all it means is you have agreed to be harassed in this manner, possibly even going to civil court over the matter

one way or another you cannot keep ignoring this stuff

so please read the NEWBIES sticky thread at the top of the forum, formulate what you wish to do next and then come back with your decision

thank you (sorry to be blunt but you must know how the forum works by now)

the link is in my sig too

good luck

durham_girl

I didn't appeal because every post I read on the matter seemed to say that they were non enforceable and should be ignored and I didn't know the rules had changed this year.

Thanks for pointing me in the right direction. From that thread am I right in thinking that I need to send an acknowledgement letter asking for them to send me a letter that complies with the Practice Direction? The one I got has even less info than the template letter in that post.

Redx

the red banner at the top of this forum actually tells you that the rules changed in 2012 , about 14 months ago now ! (so not this year - no)

its also been in the sticky threads for the last 8 months or so and I remember reading it last summer when helping somebody out using info from here

as for your PCN or NTK, I havent seen it but I would advise you to check it against the correct wordings etc as explained in the sticky threads

the correct procedure is to soft appeal to the PPC to get it cancelled, complain to the landowner to get it cancelled, then to go to arbritration like popla

however, due to your time lapse I am not quite sure what you can do apart from MAYBE resetting the clock and naming the driver

it all depends if your ppc is in the BPA I suppose

as for DR, you can ignore or deny the charge I suppose, but again read the correct advice in the sticky threads

Robin_Friday

Ok, leaving aside the ignore/don't ignore issue...this "notice of legal proceedings" pink letter from I.C.C is perfectly normal and just part of the standard threatening letter chain from CPP. I've had a few of them over the years. I doubt you'll see another one but letters will begin flooding in from PS&P (random debt collector of choice for CPP) which will get ever more threatening and ever more ridiculous before stopping and then repeating the whole thing.

Don't get yourself wound up about that letter...it'll just be the first of many you can enjoy in the coming months...

durham_girl

Ok I'm confused now! I was going to send a letter from my husband saying that he wasnt the driver, I was to restart the process as advised in one of the stickies, but if that's the wrong thing to do somebody please tell me!

Umkomaas

There's no reason, if you were the driver on the day, for the Registered Keeper not to name you. There's everything to gain from this by resetting the the clock, allowing you to then appeal, ultimately to POPLA, where, with our help, you can get this resolved to your satisfaction.

It may be best (although not by any means essential) if the RK in providing your name provided a different address to the one you currently share (nearby relative perhaps?) where you can get easy access.

I suggested to another poster in their thread how to draft a 'change to driver' letter (albeit this was a second go, as the initial one seems to have been ignored by CPP) - have a look at it and adapt it to your circumstances, if it will help.

https://forums.moneysavingexpert.com/discussion/4851013

Nile

durham_girl wrote: »

Ok I'm confused now! I was going to send a letter from my husband saying that he wasnt the driver, I was to restart the process as advised in one of the stickies, but if that's the wrong thing to do somebody please tell me!

Hi durham_girl

I'm a newbie at the Parking Charge Notice PCN situation too...........although you'll see that I've been a member of the MSE Forum for a very long time.

I'm no expert..........but trying to learn the process to follow.

Here is a link to my thread:


https://forums.moneysavingexpert.com/discussion/4850228

My advice is to read as many threads (especially the stickies) as you can because you can gain a wealth of knowledge and understanding on the subject. If the thread is a big one, don't read from the first post...............go the most recent and read backwards to get the latest (valid and up to date) information.

There are many very helpful members on this board but they expect you/me to do a bit of reading too.;)

You are not alone. Keep calm and listen to the good advice.

Regards

Nile

Stroma

Yes send a letter like this , to the parking company and dca


Hello

I as the registered keeper of (reg) are in receipt of your letters for a parking invoice xxxxx dated xxxxxx. All liability to your company is denied as the RK was not the driver at that time. Please note the person responsible for the vehicle below

Name
Address

As a serviceable name and address has been forwarded to you, the alleged liability of myself ends under the Protection of Freedoms Act 2012. Any further action or letters from you will be treated as harassment, and will be defended in full should a spurious claim be made.

This matter is now closed


Faithfully

Redx

as above, follow his lead exactly and then come back here for further help in getting this matter closed for nil cost, although it may take 2 or 3 months before its totally resolved

bod1467

Stroma wrote: »

Yes send a letter like this , to the parking company and dca


Hello

I, as the registered keeper of (reg), [STRIKE]are[/STRIKE] am in receipt of your letters for a parking invoice xxxxx dated xxxxxx. All liability to your company is denied as the RK was not the driver at that time. Please note the person responsible for the vehicle below

Name
Address

As a serviceable name and address has been forwarded to you, the alleged liability of myself ends under the Protection of Freedoms Act 2012. Any further action or letters from you will be treated as harassment, and will be defended in full should a spurious claim be made.

This matter is now closed


Faithfully

The grammar police took umbrage and edited your letter. Unless you are from Hull of course.