I've ignored my 'PCN', was this wrong?!

Hugo77

Query 1
I parked at the Peel Centre around 6-8months ago and got a parking fine, which I ignored. They've sent me the usual invoice and debt collectors letters which I've been ignoring. And now I have a letter from the debt collector advising that it'll be 'passed back to Excel Parking Services who will then proceed with court action'.

Normally the wording is 'may proceed with court action', this says Will. Is this bad? Have I messed up? I thought ignoring was the right thing to do until I just flicked through the latest forums.


Query 2
I parked at Liverpool Airport 4 weeks ago, paid the full parking charge. But there were no spaces, so I parked in an undesignated area. There was no fine waiting for me when I came back, and I received nothing in the post.
Until today, when I'm faced with a Notice to the Keeper/Driver for £100.

What should I do now? About both?

Any advise will be very welcome, I feel a little anxious now people are saying ignoring is not the way forward.

Cheers.

da_rule

Regarding query 2, read the sticky forum https://forums.moneysavingexpert.com/discussion/4816822 and follow the appeal routes, first appeal to the parking company, and then to POPLA, if you follow the advice on the forum you should win.

In regards to query 1, you could either pay, or wait to see if they follow through with their threat. I don't know what anyone else thinks? As you're probably aware, ignoring has not been the advice since 2012.

Redx

as its england and wales the advice for the last 12 months or more is definitely appeal , NOT IGNORE

this sticky thread tells you all you need to know with templates and links https://forums.moneysavingexpert.com/discussion/4816822

one thread, all the latest info , could not be simpler (although its a complicated matter)

as mentioned above, JLA is appeal asap using that newbies thread info

peel centre is reset the clock if possible and appeal the new pcn, or ignore and see if court papers arrive , the newbies thread deals with all this too

Hugo77

Yea I realise now ignore isn't the right course of action . I'm a bit too late! What changed?

So you don't recommend I just pay Query 1? It's at £166 now.

I'll look through the Newbie forum for an appeal for Query 2. Thanks.

Redx

POFA 2012 in october 2012 changed the game (moving the goalposts) and if you think about it thats 18 months or so ago now (it was also in red by the forum staff at the top of this forum in the news banner too)

may as well go to court if necessary than pay £166 , reset the clock and you pay nothing (if the driver wasnt the keeper)

all explained in that newbies thread which you could have easily read by now as you have been a forum member for a few years already

but better late than never , in the meantime get that VCS one sorted asap so you get a popla code and beat them at popla

da_rule

The Protection of Freedom Act 2012 changed the game. This Act banned clamping on (most) private lands, but in exchange it gave private parking companies the ability to pursue (persecute) the registered keepers of vehicles where the driver cannot/is not identified.

bazster

In the year to last September Excel made 82,000 requests to the DVLA for keeper details and raised just 66 court claims, so you'd be spectacularly unlucky to get one from them!

Hugo77

So I've read through the Newbies info, I have a couple of questions. Sorry if all this has been covered in the Newbies info, I will read it all again for clarity.

Query 2.
The incident is recorded as 23.01.14, the date of issue of the NtK is 26.02.14. Thats 33 days later. Is this significant?
There was no windscreen ticket, this is the first notification I've had.
I am intending on sending the letter template from the Newbies thread submitted by Coupon-mad. The NtK does state the POFA 2012. Is this the right thing to do?

For Query 1.... would it be worth sending a similar appeal letter? Or is it really too late for that now?

Redx

looks like they are late with pofa 2012 for JLA, although we dont know if they "issued" a windscreen ticket or not (there actions indicate they did) but all we know is you didnt get a windscreen ticket in your opinion as you didnt see one

so it may be they are out of time with POFA 2012 but they can still pursue the driver for this, so that can form a part of your argument (so do not name the driver , or even imply who was driving)

as for the Peel centre, if the RK and driver are one and the same, you can definitely still appeal, but you dont have the right to a popla code as such, meaning they can refuse and there is little you can do about it, but it would go in your favour if it went to court , so if you dont ask, you dont get !

if the rk and driver are different, then name the driver for this peel centre one

Coupon-mad

Hugo77 wrote: »

Yea I realise now ignore isn't the right course of action . I'm a bit too late! What changed?

So you don't recommend I just pay Query 1? It's at £166 now.

Of course not! If they took you to court as registered keeper, even if they won which would be IMHO unlikely, the keeper is only potentially (in strict circumstances) liable for 'unpaid parking fees/charges' under POFA 2012. Not £166!

Hugo77 wrote: »

I'll look through the Newbie forum for an appeal for Query 2. Thanks.

I wrote it so it covers all stages including your options if you think you are too late to appeal (reset the clock by naming the driver for example). Please read the NEWBIES thread in detail as it already covers both scenarios. It gives you a very simple appeal letter template to use re the Airport one to get a POPLA code, or cancellation. But it also tells you about everything else at later stages and your options. With the best will in the World we can't type it out every day for every poster...

Hugo77

Re. Query 1
I've looked through everything they've sent me...

The contravention date was actually 26.02.13, since then they passed it to Roxburghe, on to Graham White Solicitors and back to Excel Parking, then to Newlyn, who have now said they'll be passing back to Excel who 'will' process for court action.

I'm right that I can only reset the clock if the driver and keeper are different people, and give all the details of the driver? What if D&K are the same person?

I am inclined to think that as this has now been ongoing for over a year it will likely not receive court action?

They've also given two different PCN's for the same contravention, so everything is doubled. So far I have received 12 letters!

Re. Query 2.
I've sent the letter template from the Newbies thread, hopefully that will give positive results.