PCN in Scotland living in England

Hamster91

Afternoon,

I have read the stickies but am looking on some advice on what to do next.
I have received a PCN for parking my car without displaying a ticket dated back to Xmas eve 2015. I genuinely don't recall this event and the reason why (if it was actually required) I didn't buy a pay and display ticket. I probably don't remember because it was almost 2 years ago now. I am now on the "Final" letter from BW Legal with threats to take the case to county court. The offence happened in Scotland (where the vehicle is registered to) but I am living in England where they have tracked me down through the electrol register (I believe). At this point I have not made any contact to them. Should I follow the stickes and ignore as the offence happened in scotland or should I reply with a draft letter? Or finally, should I suck it up and pay the fine? Currently it's sitting at £100 for the fine and £60 for legal fees. Any advice would greatly appreciated.

pappa_golf

do you still have connections at the address the car is/was registered to?


but I am living in England where they have tracked me down through the electrol register (I believe)


the only info given by the DVLA is

Mr/Mrs scotsperson
x scotstreet
any scots town
not so sunny scotland


so why have BW searched the english electoral registers?

Hamster91

Yes, it's pretty much my second address. All my other details bank etc are registered to the Scotland address. I move around a lot due to work hence why I am in England.

The_Slithy_Tove

They would have to take you to court in Scotland, as that is where the alleged debt arose. That will be problematic for them in a number of ways, including lack of POFA to claim keeper liability, and the different court system which they probably don't understand. Doesn't matter whether you live in England or Azerbaijan, it's where the "event" happened which matters.

Hamster91

Hmm strange. Not sure how they have found me at my English address as like I said, the only way I am associated to this address is the electoral register and perhaps the letting agent.

So because the event happened in Scotland should I follow the stickies and ignor?

pappa_golf

Hamster91 wrote: »

Yes, it's pretty much my second address. All my other details bank etc are registered to the Scotland address. I move around a lot due to work hence why I am in England.

bank detailds , etc etc are nit given by the DVLA , just a name and address , no DOB , hair colour or DNA samples , just a name / address !

so unless someone at that address has written to the PPC informing them of your other/new address how else can they link a J Bloggs in glasgow to a J Bloggs in surrey?

who is the parking Co involved , and have you had ANY communication with the PPC or scam followers

Coupon-mad

Hamster91 wrote: »

Afternoon,

I have read the stickies but am looking on some advice on what to do next.
I have received a PCN for parking my car without displaying a ticket dated back to Xmas eve 2015. I genuinely don't recall this event and the reason why (if it was actually required) I didn't buy a pay and display ticket. I probably don't remember because it was almost 2 years ago now. I am now on the "Final" letter from BW Legal with threats to take the case to county court.

The offence happened in Scotland (where the vehicle is registered to) but I am living in England where they have tracked me down through the electrol register (I believe). At this point I have not made any contact to them. Should I follow the stickes and ignore as the offence happened in scotland or should I reply with a draft letter? Or finally, should I suck it up and pay the fine? Currently it's sitting at £100 for the fine and £60 for legal fees. Any advice would greatly appreciated.

No this is not for paying. I would respond thus:





Dear BW Legal,

Ref: PCN xxxxxxxxx - Parking firm xxxxxx Services

You have sent a letter to a temporary address; use of which is unwelcome and unwarranted. Cease and desist.

Take formal note that this is not my address for service and neither is it the address where the vehicle is registered. My permanent address for service of any court papers is the same as where this car is registered which is the one supplied by the DVLA to your client:

xxxx
xxxxx
xxxxx
xxxxx
SCOTLAND

I remind you that the event/location referred to is also in Scotland and that a keeper cannot be harassed or held liable, not can your client assume that a keeper was the driver.

If they think otherwise, they can try serving court papers to me at my permanent address and I will contest jurisdiction immediately and in the event of my having to attend court I will seek a punitive costs order in view of this vexatious and unreasonable claim.

If you or your clients continue to use the temporary address, I will report you and them to the Information Commissioner. You and your clients must consider this a Section 10 Notice, specifically regarding the unwarranted use of a temporary address and I will question your client's motives in obtaining this. Other addresses are simply due to the nature of my work where I often move around but I remain permanently domiciled in Scotland.

yours faithfully,





P.S. FOR YOU NOT THE BW LEGAL LETTER!

I think (assuming until now that letters were only going to Scotland) whoever lives at the Scottish address has been naive enough to hand BW Legal your current address because they were scared and they've not admitted that to you. Family? Sorry but that's what they must have done, tell them NOT to do that in future and that you have restated the Scottish address for BW Legal letters including any court papers which are your business, not theirs, and affect nobody's credit rating. Sorry to be harsh but that's what I reckon has happened.

pappa_golf

I notice that B+W have now set up in sunny scootland , https://beta.companieshouse.gov.uk/company/SC544779

Hamster91

Whilst overseas a relative called them to say I was out the country. But they did not confirm who was driving the vehicle or any other details.

Hamster91

Thank you for the draft letter. I will send that to them. Much appreciated.

Hamster91

It's very close family who live at the Scottish address and they did not pass any other address to BW legal.