PCN appealed, successful but Debt Recovery Notice received 6 months later

AnnoyedSue

In October 2013, I parked at Brighton station, which has a number plate recognition parking charge system in operation, run by Meteor (owned by Vinci). I have previously parked there several times without problem by paying in advance via internet or mobile phone. I could not do this this time as was not near my computer and didn't have my phone so paid at the kiosk in cash but forgot to get a receipt.
About a month later I received a PCN for £90 (reduced to £45 for speedy payment) with photographic evidence. I immediately appealed via their appeals email address stating that I paid like I always do (I have even paid when driving a foreign registered vehicle). I received an email from the appeals department the following day containing the following:

Thank you for your recent representations received with regard to the above parking charge notice.



We have considered your representations and the evidence provided carefully, and I am pleased to inform you that you do establish grounds or suitable reason for the cancellation of the parking charge notice.



This Parking Charge Notice has been issued as you have failed to display a valid ticket or voucher for parking.



I have investigated your appeal and considered your points raised and upon viewing a copy of your valid e-ticket purchased, I am satisfied that the parking charge notice should be rescinded as this has been issued in error.



Please accept my apologies for any inconvenience caused, it appears due to a technical error your vehicle registration was not automatically recognised as having purchased a valid ticket for the day.

I asked to receive this as a letter and got a signed pdf the next day.

I thought this was the end of the matter, but two weeks ago received a PCN Debt Recovery and Prosecution Service notice saying that time to pay the 50% discounted rate had passed.
I can no longer find the original notice, but it seems ridiculous that I received this notice more than 6 months later!
I have emailed the appeals address again and 10 days later the customer service address but have not received anything other than an automatic acknowledgement and today got a notice that I am now liable to a charge of £165.
What is the best way to proceed now - send them copies of all my emails and the pdf by post, or what?
Any advice would be much appreciated.

Stroma

Complain to the bpa and dvla, you appealed and they accepted, so end of matter for you. Addresses in the newbie sticky thread

Stroma

To the regulars .

Who is the PCN Debt Recovery and Prosecution Service? Have seen them a few times but can't find them in google

bod1467

OP - is this in relation to the original PCN? Or could there have been another one that you've not received any previous communication about?

ColliesCarer

@Stroma
Seems they may be connected to Southeastern Rail found a few references to them - one from Jan this year on pepipoo linked below they are based in Portsmouth

https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&uact=8&ved=0CEoQrAIwAg&url=http%3A%2F%2Fforums.pepipoo.com%2Findex.php%3Fshowtopic%3D87000&ei=TN5zU9jWBqLM0AWZ1IDACw&usg=AFQjCNHJrlkbXxCvhlwBQoOIuM6jSdjiMQ&bvm=bv.66699033,d.d2k

ColliesCarer

@Annoyed Sue,

Did either of the letters you received from PCN Debt Recovery and Prosecution Service mention Byelaws and/or Magistrates Court?

AnnoyedSue

Hi all,

Thanks for all the messages. Only just worked out how to find my post again, sorry.

bod1467 - The latest notices have the same Parking Charge Notice No., so it's definitely the same PCN.

ColliesCarer - The notice I received today says that I need to pay in full within 14 days or face prosecution at Magistrates Court under Railway Byelaw 14. Issue date is 12th May.

Stroma - Just seen a bit of small print at the bottom:

London and South Eastern Railway Limited trading as Debt Recovery and Prosecution Services
Registered Office: 3rd Floor, 41 - 51 Grey Street, Newcastle upon Tyne NE1 6EE

Would that be the best address to complain to, copied to BPA and DVLA?

AnnoyedSue

There is also the Debt Recovery Prosecutions Office, PO Box 89, Portsmouth

Can't work out where is the best place to write to.

@Stroma
Seems they may be connected to Southeastern Rail found a few references to them - one from Jan this year on pepipoo linked below they are based in Portsmouth

ColliesCarer your link looks a good thread to follow the advice of, thanks, it's just knowing exactly where to write to to get it all stopped quickly.

bazster

If it was more than 6 months ago they are out of time, they can't prosecute under the bye-laws. Write to them telling them to get stuffed.

Hot_Bring

Dear PCN Debt Recovery and Prosecution Service,

*** FIRST AND FINAL WARNING *** ( colour this bit in red if you feel like - just like these type of vermin companies often do just to make it scary .... oh oh oh )

RE : PCN Ref xxxxx, Registration xxxxx

This PCN was cancelled by your client ( PDF proof attached ). You should now cease any communication with me. Any further communications will not be responded to but will result in them being forwarded to the BPA and DVLA as formal complaints. I will also consider legal action as a remedy to your harassment which will include a request to the court for damages.

Just to make crystal clear - this case has been settled and you will not receive ANY response to any further unlawful bullying letters.

Regards,

Print Name - don't sign

bazster

Hot_Bring wrote: »

Dear PCN Debt Recovery and Prosecution Service,

*** FIRST AND FINAL WARNING *** ( colour this bit in red if you feel like - just like these type of vermin companies often do just to make it scary .... oh oh oh )

RE : PCN Ref xxxxx, Registration xxxxx

This PCN was cancelled by your client ( PDF proof attached ). You should now cease any communication with me. Any further communications will not be responded to but will result in them being forwarded to the BPA and DVLA as formal complaints. I will also consider legal action as a remedy to your harassment which will include a request to the court for damages.

Just to make crystal clear - this case has been settled and you will not receive ANY response to any further unlawful bullying letters.

Regards,

Print Name - don't sign

The PCN was cancelled by their agent, not their client!

"PCN Debt Recovery and Prosecution Service" is a department of London and South Eastern Railway Limited, so there's not much point in threatening them with BPA because they're not AOS members.

Which raises an interesting data protection issue: Meteor obtains RK details as a member of the AOS, and then passes those details on to another company, London and South Eastern Railway. Does this place both companies and the DVLA in breach of the DPA? Definitely worth a complaint to DVLA I'd have thought.

Letter to London and South Eastern Railway Limited:

Dear Sirs

Your ref: blah blah blah

Please find enclosed a copy of an email received from your agent on dd/mm/yyyy confirming that this charge was cancelled after I supplied proof of payment.

You will note that the alleged offence occurred on dd/mm/yyyy. I am very surprised that you seem to be unaware there is a time limit of 6 months for laying information before a Court in order to apply for authorisation of a Summons. This deadline has passed and you cannot now prosecute.

I'm not sure what offences you may be committing by threatening prosecution for an offence which was never committed and for which you cannot now bring a prosecution anyway, but I'm sure there must be some and if you don't confirm within 7 days that you have dropped this matter then I will make it my business to find out.

Further, I am complaining to DVLA that:

(i) your agent Meteor obtained my personal details from DVLA and then passed them on to another company (you) in a prima facie breach of the Data Protection Act

(ii) your agent Meteor issued a civil Parking Charge Notice which made no reference to bye-laws, and which has now magically transformed into a threat of prosecution (you are presumably unaware that another parking company has recently been forced to refund hundreds of parking charges where they similarly obfuscated the basis of their charges in railway car-parks).