Fine sent to a previous address what to do

cts_casemod

pappa_golf wrote: »

Parking eye (and others) are only allowed to apply for your details ONCE from the DVLA , in the case of PE who usually use ANPR technology , they are obliged to send a NTK within 14 days , so contact the DVLA electronically , and immediately after the incident.

Ok, so who is at fault on such circunstances? Are you advising me to get in touch with DVLA now?

pappa_golf

the goverment is a fault , by not adding into legislation that a "trace" should not be done before court papers are issued.


the DVLA have acted correctly , by giving the data requested at the time requested

cts_casemod

Thank you, So being that apparently its no one's fault on what basis can I make a claim regarding this issue?

Coupon-mad

cts_casemod wrote: »

Thank you, So being that apparently its no one's fault on what basis can I make a claim regarding this issue?

You can't. It's just bad timing for you, if you never got a PCN in the post because you moved (some would say you should have had PO redirection in place which is always a good idea for at least 3 months when you move. You'd have seen the PCN then). This is no-one's fault but is an example of why people who move should have something in place to get post quickly, at least for a while straight after the move.

Some people end up with a CCJ in this circumstance then have to get it set aside. Count yourself lucky - BUT WHAT IS THE DATE ON THOSE COURT PAPERS??

You need to concentrate on writing a defence to the PCN now, by searching for similar threads.

pogofish

cts_casemod wrote: »

Thats a great use of resources, from their end

We are a major thorn in their side, so its no wonder they pay attention - although often the quality/literacy of PE stooges/trolls is so appalling that they can be spotted a mile-off, so that can't be using their A-grade (and that's not saying much) staff!

cts_casemod

Coupon-mad wrote: »

Some people end up with a CCJ in this circumstance then have to get it set aside. Count yourself lucky - BUT WHAT IS THE DATE ON THOSE COURT PAPERS??

You need to concentrate on writing a defence to the PCN now, by searching for similar threads.

The 3rd.

Just to confirm, I filled an Awcknewledgement of service, ticked the box "I intend to defend all of this claim" and left all else blank I understand this gives me 14 days extra to file a defence.

Are these the right steps (for now)?

Many thanks to all for the help given so far, I wouldn't have a clue what to do otherwise..

Coupon-mad

Yes that was right and you were just in time to acknowledge and get that extra 14 days, which is good.

Do you have the original PCN or are you saying nothing else arrived at all, just court papers? Just wondering if the PCN arrived by day 15 afer the parking event.

Which car park? Which retailer(s)?

cts_casemod

Coupon-mad wrote: »

Yes that was right and you were just in time to acknowledge and get that extra 14 days, which is good.

Do you have the original PCN or are you saying nothing else arrived at all, juts court papers? Just wondering if the PCN arrived by day 15 afer the parking event.

Which car park? Which retailer(s)?

I only have the court papers. My neighbour notified me a letter had arrived and I asked him to post it to me. Little did I knew...

This happened on a motorway service area, according to them the 2H allowance was exceeded. Most likelly I stopped for a rest and didnt notice the time on one of the ocasions I was moving stuff between London/Coventry.

Having said that, I havent seen any evidence

Coupon-mad

Aha...now that is a little bit easier to defend than a retail car park case! Won't be easy though...PE send a solicitor and win most cases.

Your defence must include unclear signs/not seen by the driver (was it dark/Winter?) no keeper liability because no Notice to Keeper was ever served so the POFA 2012 cannot apply; the fact the tariff after 2 hours (if the driver had seen any terms) is only £XX (USUALLY ABOUT £12 OR £13) so anything else is 'out of all proportion' and so this is a penalty, not saved by the Beavis case where the facts were entirely different with no lower defined sum for over 2 hours parking. And the purpose of a Services are for drivers to rest - not a place where a high turnover of parking bays is needed.

Your case differs from that case.

Oh, and if petrol was purchased that day as well (or may have been) then that time spent not 'parked/resting' was not parking time.

A full 2 hours PARKING/REST is mandatory (Dept for Transport, Government Policy). So for example if the total time on site was 2 hours 25 mins for instance, a defence can include the fact that the driver was likely to have been queuing in the petrol station/cleaning the windscreen, adding water and/or adding air in the tyres and reorganising the load (etc., etc.,) in the petrol station facility area for 15 minutes of that. So he/she was THEN also fully entitled under Govt policy to 2 hours rest/parked, and is allowed 10 minutes grace period - BPA Code of Practice mandatory rules - to leave after the parking time (as well as the 5 mins or so extra time taken at the start, to arrive and find a parking space and decide whether to stay or go, added on top).

You could try emailing the Welcome Break concerned but I doubt they can do much more than help you negotiate a settlement - you could email a formal complaint as registered keeper about this harassment, state that the driver was resting and ask and offer to pay £25 to cover the tariff plus admin and see what Welcome Break say. I suspect they'll come back saying PE might settle for £60 which was the original sum when discounted. You could also press them for the fact that PE didn't bother to use a tracing agent to find you at your new address before pressing ahead with a court claim, so this put you in serious danger of a CCJ by default. How dare they, etc.! PE do use a tracing agent so why didn't they bother with your case? Complain and complain some more to the Services.

All worth some email discussion with WB over the weekend (I assume it was Welcome Break?).

If you wish, copy in enforcement@parkingeye.co.uk to the discussion, pile it on, make it clear you are fighting this but maybe offer £25 and see what results. Some people decide grudgingly, that paying PE £60 to settle it is better than a court hearing, and it is certainly better than the default 3-figure CCJ you would have got if you'd never seen this claim in time, wrecking your credit record without you knowing! But do NOT offer that much up front, NOT over £30.

DO NOT say who was driving to any party. Emails for WB are easy to Google, the name of the Services gives you a webpage with the email.

cts_casemod

Thank you Coupoin Mad.

I wasnt sure if this was relevant before, but reading your post, it does appear it is. I wasnt refuelling petrol, but for the period I was in Ecotricity designated bays, charging my vehicle.

The signalage, similar to the one below, clearly mentions "no parking at any time"

http://l7.alamy.com/zooms/93adc029d65643d4ac48df0434aa6d29/electric-vehicle-recharging-point-provided-by-ecotricity-at-a-motorway-erjnc9.jpg

Similarly there is no time restriction given (In London many charging stations have a 2 or 4 hour limit, clearly displayed).

So if you are saying the time restriction applies for parking only, rather than anything else (such as refueling) I can get in touch with ecotricity and see if they have a record of that, along with the photos of the actual signalage on the bays, which I should have somewhere.