Should I pay this PCN?

tholder_2

My fionc! parked my car somewhere she probably should have paid.

We got this through the post a few weeks back:

See web address: s3.amazonaws.com/tomsstuff/pcn.jpg

We had ignored the previous letters hoping they would go away.

I emailed them to say that I am the registered keeper not the driver but they say this has no bearing because we left it longer than the required time to inform the,

I have (probably wrongly) offered to pay them the original £35 but they rejected this and now want payment of £100 immediately.

The solicitors last email was:

"Dear Sir,

Thank you for your further response.

It would appear that you are acting under some misapprehension in respect of this matter.

Firstly, we would confirm that under the Protection of Freedoms Act 2012, specifically Schedule 4, it is possible for our Client to pursue the Driver of the vehicle rather than the Registered Keeper (if different) provided the Driver’s details are disclosed to them.

However, that entitlement ceases 28 days after provision of the Notice to Keeper. Accordingly, if our Client is not notified of the Driver’s details during that period, they are only able to pursue the Registered Keeper.

Unfortunately, our Client did not receive any response from you during the relevant period and so their Claim now rests solely against you as the Registered Keeper of the vehicle.

Secondly, even if you had provided the Driver’s details to our Client within the timescales mentioned (which you did not), we would highlight that the Parking Charge Notice was duly issued and there would, therefore, not be any requirement for it to be reissued. Sufficient notice has previously been given.

Payment can be remitted by way of cheque or electronic transfer. Our bank details are set out below. When remitting payment, please clearly state the reference .

Bank: Barclays
Account Name: Premier Solicitors Client Account
Sort Code:
Account Number:

If we do not receive payment of the outstanding sum immediately, or in any event within the next 7 days (i.e by 23 July 2014) , our Client will have no option other than to commence formal Civil Court Proceedings against you and will do so without further reference to you. Such proceedings, if brought, will also include claims for interest, fixed legal costs and Court fees, thus increasing the amount payable.

We therefore trust that you will make the required payment to us before the deadline stated above.

Yours faithfully"

I really can't be dealing with the !!!! ache of going to court over this or having continued harassment, but likewise I don't want to pay them £100.

What should I do, the internet seems awash of contradictory information on a subject that I thought was previously 'ignore it'.

Thanks
Tom

Fergie76

No one can tell you whether to pay or not, as we are not in you position. However, if I was in your position I would NOT pay.

As you seem to be well down the ignore root, I would just carry on ignoring unless you get a LBCC or stamped County Court papers.

Also read this thread - https://forums.moneysavingexpert.com/discussion/4816822

Letter from OP - http://s3.amazonaws.com/tomsstuff/pcn.jpg

bargepole

Contradictory information? We haven't been advising people on this forum to ignore for at least 18 months.


I take it you do know World War II has ended, Britain has joined the EU, the Falkland islands were recaptured, there were two Gulf wars, and we now have a Coalition government?


TPS are not known for taking people to court, so the solicitors' letter may just be a last ditch attempt to squeeze a payment out of you.


But if you do get genuine court papers, come back here and we'll guide you as to how to defend it - if it gets to court, your chances will be about 50:50.

tholder_2

Thanks.

I wasn't relating to here, just a lot of stuff on the internet generally and a lot of it seems out of date. Picking your way through it is unfortunately probably more time consuming than the cost of paying the darn pcn in the first place - I guess that's what they depend on!

If it was to go to court, will this negatively impact me for credit etc?

Tom

Coupon-mad

tholder wrote: »

If it was to go to court, will this negatively impact me for credit etc?
Tom

No because you aren't liable so you should win any small claim defence. And even if you lost as long as you pay within 28 days there is no CCJ entered at all. No effect on credit rating.

Who is the Solicitor and who is the PPC?

I would be replying and pointing out they have misread POFA 2012 because the entitlement to hold a registered keeper liable ceases once they have the name and address of the driver, as long as court action has not yet commenced. You can quote the appropriate part of Schedule 4 at them (I am at work but someone else here will pop up with it!). But that's only worthwhile if you are prepared to NAME the driver and if it was a windscreen ticket, that rather drops your fiancee in it!

Was it a windscreen PCN or a postal one? If it was postal then you can safely name the driver (name and address) as she hasn't even had a ticket yet!

tholder_2

It was a postal one.

Under POCA 2012 it states:

www[dot]legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Conditions that must be met for purposes of paragraph 4

5(1)The first condition is that the creditor—
(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but
(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.
(2)Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.

Because I informed them more than 28 days after who the driver is, this would seem to suggest they can pursue me?

Fruitcake

tholder wrote: »

It was a postal one.

Under POCA 2012 it states:

www[dot]legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Conditions that must be met for purposes of paragraph 4

5(1)The first condition is that the creditor—
(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but
(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.
(2)Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.

Because I informed them more than 28 days after who the driver is, this would seem to suggest they can pursue me?

No, because they haven't started court proceedings, they have just sent a letter. You can do as Coupon-Mad says and tell them who was driving. This resets the clock giving you time to read the Sticky thread for Newbies at the top of the page which tells you how to beat this.

Fruitcake

Coupon-mad wrote: »

No because you aren't liable so you should win any small claim defence. And even if you lost as long as you pay within 28 days there is no CCJ entered at all. No effect on credit rating.

Who is the Solicitor and who is the PPC?

I would be replying and pointing out they have misread POFA 2012 because the entitlement to hold a registered keeper liable ceases once they have the name and address of the driver, as long as court action has not yet commenced. You can quote the appropriate part of Schedule 4 at them (I am at work but someone else here will pop up with it!). But that's only worthwhile if you are prepared to NAME the driver and if it was a windscreen ticket, that rather drops your fiancee in it!

Was it a windscreen PCN or a postal one? If it was postal then you can safely name the driver (name and address) as she hasn't even had a ticket yet!

From Fergie76s link,

Premier Solicitors (Bedford) and Total Parking Solutions.

tholder_2

Thanks all. I will continue to ignore it on this basis.

Will keep you posted!

Coupon-mad

Hmmm I wouldn't - I would respond robustly to a Solicitor. Pointing out the above. Hope you haven't said who was driving - keep it that way.

Redx

that letter says its an LBC, so I think you cannot ignore it and must respond according to the lazydaisy LBCCC sticky thread linked by the crabman sticky thread

however , it is dated 6 weeks ago , 29 may 2014