Very old pcn

vix2000

Hi I am being chased by BW legal for a pcn from september 2010. With the much appreciated help of the folks on pepipoo I have responded and lodged complaints with CSA and SRA. My latest letter is giving me 7 days to reply giving them the drivers name. I have drafted a response as follows and wondered if anyone could check that everything in it is OK, before I send it as the 7 days is up. Thanks

Draft of letter

I have received your acknowledgement of my CSA complaint.

I have also received you response to my letter, and would like to point out:-
a) that the date of my letter was xxnd x, not xxnd x as stated in your letter.
b) That the vehicle was parked on a road, on double yellow lines, with a blue badge and timer, not parked in a restricted area of the car park.

As stated before, and I repeat, I deny any debt to Vehicle Control Solutions.

I am the registered keeper and, as the alleged parking event was before The Protection of Freedoms Act, your client has no right to pursue me for payment.

The matter is therefore closed, and the Data Protection Act requires that your client should delete my records.

As an aside, the Civil Procedure Rules are quite clear that your £54 charge for "Legal Services", even if actually invoiced and paid, cannot be recovered in the Small Claims Court.


Yours Faithfully

Herzlos

What was the wording of their last letter? I'd probably respond directly to that with something like:

"As you should already be aware, as registered keeper, I am under no obligation to name the driver, nor have any liability in this matter. As this incident was 6 years ago, I cannot be expected to remember the circumstances around this alleged incident".

Incidentally, if you never acknowledged the debt, then this should become statute barred some time this month (6 year limit), so if you let it roll beyond that, you've got another thing to complain about."

Umkomaas

On private land a blue badge provides no special dispensation, including parking on DYLs, so I don't think that's a particularly good angle of attack.

Was the charge for parking on DYLs, or stopping where stopping is forbidden? If the latter your memory from 6 years ago might be seen as somewhat selective given that you can recall it's a DYL case, but no memory of who was driving.

Need to be careful as a good sol would soon pick on that.

pappa_golf

date of incident in sept 2010 please? very very close to statute of limitation for court action

vix2000

Thanks for the replies, I have visited the site so know it is a road, not a car park. Hoping this works for the letter.


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pappa_golf

ok 6 days till court timeout , play it !! let them issue court papers (after this date) and laugh whilst you are writing to the SRA again


they are muppets

Fruitcake

vix2000 wrote: »

Thanks for the replies, I have visited the site so know it is a road, not a car park. Hoping this works for the letter.

Have you checked to see if this is/was a public road or private? If it was a public road at the time of the alleged event, the parking company are trying to obtain money by deception, which is a criminal not civil offence.

vix2000

It is a private road but you would never in a million years know. You turn off the main road onto a side road which has flats on the left hand side, which has a car park underneath and has signs. The road has double yellow lines, but the right hand side only has signs at each end of the road, so if you were to drive up and park half way up you would have no idea!!! The 7 days they gave me to name the driver is up today.

pappa_golf

you need to check with the counsil , not guess , anyways as they have given you seven days to reply , then read your letter and AXTUALLY send you a formal notice before court , weekends here , 21st is next Wednesday


play it , and let the issue papers (after 21st) then squirm

Fruitcake

vix2000 wrote: »

It is a private road but you would never in a million years know. You turn off the main road onto a side road which has flats on the left hand side, which has a car park underneath and has signs. The road has double yellow lines, but the right hand side only has signs at each end of the road, so if you were to drive up and park half way up you would have no idea!!! The 7 days they gave me to name the driver is up today.

Then this bit from you original post is irrelevant. The blue badge scheme does not apply on private land. Yellow lines are meaningless unless fully explained on signage in a clear and concise manner.

vix2000 wrote: »

b) That the vehicle was parked on a road, on double yellow lines, with a blue badge and timer, not parked in a restricted area of the car park.

Just play the game until it times out.

Umkomaas

The 7 days they gave me to name the driver is up today.

Totally ignore that - they are in no position of authority to demand that you dance to their tune.

They talk in their letter of 'terms and conditions located within the Car Park', proving one of two things (or maybe both):

1. They are utterly careless and have absolutely no attention to detail in preparing a legal case, as this was most certainly not a Car Park;
2. This is a standard template letter sent to any and everyone at the same stage in their process as you.

Play the time game to have this statute barred (this time next week) then you can really go to town on them with the SRA if they continue to act in a way that any competent solicitor would know was unlawful, maybe illegal.