pcn pre oct 2012

Fixtrace6

I received pcn at Liverpool airport in the summer of 2012. Advice at the time was ignore ignore ignore so I did.

I have checked da_rule's flow chart and his advice is the same. I have also put this as a reply to Coupon-mad somewhere on this site)

I have had many letters including the one from Whites which I ignored. But now I've got the Newlyn "Do not ignore - court action pending" letter. Is the advice still to ignore?


Ps - I wasn't driving at the time but obviously I'm getting the letters sent to me as the registered keeper.

Thanks , I know the information might be in here somewhere but it mainly seems to be aimed at post Oct 2012.

waamo

Yes continue to ignore anything except genuine court papers. If you weren't the driver they can have no cause of action against you.

Umkomaas

Advice remains the same.

Debt collectors can't take you to court, only the PPC, their solicitors or the landowner. This is so long ago, the new letter is a barrel-scraping exercise of old cases, hoping that some will be intimidated into coughing up.

If you do get any letter(s) from the other three I mention above, headed (something like) Letter Before Action, come back to us on this thread.

If court papers land DO NOT ignore those - again come back, but I suspect you're not going to have any need to do so.

HTH

Coupon-mad

Fixtrace6 wrote: »

I received pcn at Liverpool airport in the summer of 2012. Advice at the time was ignore ignore ignore so I did.

I have checked da_rule's flow chart and his advice is the same. I have also put this as a reply to Coupon-mad somewhere on this site)

I have had many letters including the one from Whites which I ignored. But now I've got the Newlyn "Do not ignore - court action pending" letter. Is the advice still to ignore?


Ps - I wasn't driving at the time but obviously I'm getting the letters sent to me as the registered keeper.

Thanks , I know the information might be in here somewhere but it mainly seems to be aimed at post Oct 2012.

Same advice on pepipoo here to another poster (or it could be you?!):

http://forums.pepipoo.com/index.php?showtopic=89869

I post as SRM on that forum and reckon you should complain to the BPA and DVLA. In your case as it was an Airport there would not even be any 'keeper liability' if it was a post-POFA ticket either, seeing as byelaws apply and the only parking charge applicable would be those stated in those byelaws.

Fixtrace6

Thanks for the re-assurance.

So firstly I write to Newlyn denying the debt, tell them to refer it back to their client and say the incident happened before POFA 2012 came into force. Also telling them their alleging of keeper liability is misleading and a breach of BPA CoP. (Is there an email address to send this as I would prefer to save the postage. I can't find one.)

Then I email a complaint to BPA, DVLA with a copy to VCS. This complaint should say VCS are gearing up to take a registered keeper to court when the incident was pre POFA 2012 and the registered keeper was not the driver.

Sorry to wanting to be led by the hand through this but sometimes what seems to be common sense needs to be carefully worded.

And thanks again.

Coupon-mad

You won't find an email addy for Newlyn I suspect, so post 2nd class.

And yes, that's right, and add to the complaint, that the letters you have been receiving have alleged 'keeper liability' when that cannot be the case due to the pre-POFA date of the PCN as well as the location being a site covered by byelaws instead. The BPA will want to see a copy of those letters so highlight any part talking about POFA 2012 or keeper liability, all of which is wrong.

Keep all letters & emails in a file or drawer, so you have everything together. You may have to prod the BPA twice as they do like to try a fob off reply at first, seeing as they are on the dark side not yours. Obviously don't write 'I parked' or any implication AT ALL about who was driving or your grounds for complaint are blown away.

Fixtrace6

...or I could continue to ignore it and save postage? Because if they threaten court I will just be repeating myself? You say I may have to prod the BPA twice!

I think some people on here are looking for a fight. I'm just waiting for this to go away but will happily get legal advice if it goes further ie threat of court action.

I do appreciate all the help on here. I know where to go for advice on anything.

Umkomaas

I think some people on here are looking for a fight.

What, on this thread? I can't detect anyone looking to fight with you here.

If you mean in general terms, then, yes, if we weren't looking for a fight then even more members of the public would be meekly succumbing to having their pockets picked by these thieves.

Puzzled - can you clarify please?

Fixtrace6

Sorry you have taken a throwaway comment as the thrust of the message - a problem with the written as against the spoken word.

I don't think anyone here is looking for a fight with me.

I suppose I want to know if the advice by da_rule to ignore is still good advice or do I need to reply to Newlyn. I am quite ok with receiving these letters and ignoring them if that's the general consensus.

No offence was intended.

Coupon-mad

I would say you don't 'need' to reply to Newlyn - it's not necessary really - but you should complain by email (and you can copy in VCS). I wouldn't ignore the whole thing but yes, you can leave Newlyn out of the loop.