PCN doesn't clearly show what the offence is

Johno100

So quoting Elliot v Locke for keeper liability, have they just given up on POFA as too much trouble or were they late with the NTK?

And as regards entering into a contract to do something that is strictly prohibited, I'll let this case reported by Parking Prankster help explain the issues around that.

http://parking-prankster.blogspot.com/2016/04/pcm-uk-signage-does-not-create-contract.html

Umkomaas

If you're up for a fight, invite them to serve court papers within 21 days or cancel the charge.

Inform them that you want a Judge to consider whether E v L has any authority in a civil case as E v L was a criminal case where forensic evidence proved beyond reasonable doubt that the keeper was indeed the driver. Tell them that you are extremely anxious to get their assertion into the legal arena as soon as possible as you believe that not only are they attempting to deceive you with misinformation, but that as other operators are propounding the same, to get a persuasive legal judgment would help everyone.

tallgareth

Tempting as it is to take the fight to them, on both E v L and the fact that the prohibitive parking notice doesn't form a contract, I don't think I have the time (or nerve!) to do it.

So I guess it's just sit back and see what happens next?

Umkomaas

tallgareth wrote: »

Tempting as it is to take the fight to them, on both E v L and the fact that the prohibitive parking notice doesn't form a contract, I don't think I have the time (or nerve!) to do it.

So I guess it's just sit back and see what happens next?

But if you hide away from a bully he will continue to seek you out and bully you. Usually a hard punch on the nose will more often see a bully permanently back off.

By waiting for their next move, the one thing you no doubt fear most is having to defend this in court, by which time you'll be on the back foot - and you won't know for six years whether they will issue court papers or not. What sort of an existence is that, waiting unsure for that length of time just for when and how the bully might strike again?

None of their PPC cronies would want E v L to be dissed by a Judge, so my instinct is that PPS will not want to be the first to stupidly pop their head above the parapet and bring E v L spectacularly falling to earth. I guess PPS will concede rather than risk the wrath of the other occupants of the trough!

Even if they don't concede, you've sent a warning shot across their bows that you have a handle on what they are attempting and you could place before a Judge (should they later issue a claim) that you gave them an early opportunity to contest this and their delay should be treated as unreasonable. That should play to your advantage.

One letter from you could stop them in their tracks!

tallgareth

For anyone who is following the chain of events here's the next couple of letters I've received, both from the debt collector;

14 Sep: https://goo.gl/photos/mKThYPepNnWgZ7Hh6

29 Sep (notice of intended court action): https://goo.gl/photos/LxX3cg9D41DCNdxE9

Both point out the November 2015 Supreme Court decision about parking charges.

Coupon-mad

Great, usual drivel we've ignored for a decade. I've ignored that letter chain myself.

Carry on ignoring (except for court papers which are as rare as hen's teeth from most parking firms who are not ParkingEye or Excel/VCS).

Castle

tallgareth wrote: »

For anyone who is following the chain of events here's the next couple of letters I've received, both from the debt collector;

14 Sep: https://goo.gl/photos/EodprcqjELQRUqY16

29 Sep (notice of intended court action): https://goo.gl/photos/ySABuRe8cPCtKcsz8

Both point out the November 2015 Supreme Court decision about parking charges.

You have left your name and address on both letters!

tallgareth

Castle wrote: »

You have left your name and address on both letters!

Thank you! Fixed and updated links in my comment above.

tallgareth

Next letter in the chain received today - the debt recovery company has recommended to PArk Direct that they start court action against me, and offered a reduced payment of £136 to avoid court action.

Coupon-mad

How lovely!