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

Custard_Pie

Aren't Railway Stations covered under local bye laws and different to your every day PPC's? Not sure it's covered by BPA?

Even if they are, don't expect much action from BPA. They are funded by PPCs and just their mouth peice. I continued to receive debt collection letters, despite have PoPLA cases pending. BPA just shrugged it off as an error and didn't even offer an apology. Of course, nothing from PPC either.

AnnoyedSue

bazster wrote: »

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).

I'm not sure that I can put your paragraph ii as I can't find the original Notice to Keeper, but thank you very much for the remainder of the letter. At work at the moment, so tonight I'll change the letter I did yesterday but was wanting to check here first.

Is it definitely true that they can't prosecute after 6 months have passed?

Stroma

Yes it is true, that is why some of the advice on here says to string them along until 6 months have passed, then they can't do anything, and they know it! But this situation is not a bylaw ticket, they are trying to pull the wool over people's eyes to get payment.

And if it goes to a magistrates court, they won't even get the payment if you lose , but that is so not going to happen here

AnnoyedSue

Thanks guys, I've written the letter ready to send tomorrow.