PCN letter received after 58 days!

Pirate_Parker

I really hate companies that harass people.... here's how I would respond. Obviously if I've misinterpreted your situation make those amendments but otherwise, you should be good.

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FINAL WARNING

In a previous letter I stated that I was not the driver and that pursuant to Schedule 4 Protection of Freedoms Act 2012 Paragraph 8(5) The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

YOU HAVE FAILED TO PROVIDE A NOTICE TO KEEPER IN THE CORRECT TIME THEREFORE NO KEEPER LIABILITY EXISTS.

Additionally, you and/or your agents have artificially increased the costs contrary to Schedule 4 Protection of Freedoms Act 2012 Paragraph 4(5) The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).

Continued pursuit of this matter may attract a claim in it's own right or be used to counter claim any claim made against me using the following legislation;

Protection of Freedoms Act 2012
To prove no keeper liability and artificially increasing the amount.

Protection from Harassment Act 1997
Section 1(a) and Section 1(b) as you knew or ought to have known your actions would amount to harassment.

Malicious Communications Act 1988
Section 1(a)(iii) sending of a letter with information which is false or known or believed to be false by the sender.

Data Protection Act 2018
General Data Protection Regulation (GDPR)

You are a data controller unlawfully using my information, you have breached my data protection by giving it to third party company(s) causing offences to be committed against my person and my data to be unlawfully processed without my consent by data processors acting on your instruction which YOU BEAR LIABILITY for.

Melv1982

Thank you for all your help guys, I'm now being chased by a company called BW legal. They have somehow got my email address and phone number and keep asking me to contact them. What should I do?

Melv1982

Hello, thank you for all the help regarding this matter, but these guys are just not going away.
In response to the reply which I forwarded from the post above BW legal responded with -
"As the registered keeper of the vehicle, and given that you had not provided our client with the full name and serviceable address of the driver within 28 days from the date of the parking charge notice, our client is able to hold you liable for the unpaid parking charge charge on the reapoable presumption that the driver of the vehicle had either actual or ostensible authority to enter into a contract with our client in relation to parking on your behalf. This is supported by the case combined parking solutions Vs ajh films ltd.
Without prejudice to the above we would be grateful if you would furnish us with the details, including the full name and address of the alleged driver of the vehicle on the contravention date."
It does say a lot more, but that seems the most relevant part.

What should I do?

Fruitcake

They are telling porky pies. CPS vs AJH Films is irrelevant and gets rubbished in court by every judge that sees it.

The keeper cannot be held liable because the NTK was too late, and the PoFA says this.

They are fishing for the driver's details as that is the only person they can take to court.

Either ignore this letter, or read CPS vs AJH and then rebut it when you find out what that case was actually about telling them to contact the driver as they are the only person liable. You do not of course help them in any way with the driver's identity.

Complain to the SRA that they are telling lies.

Complain to your MP about this unregulated scam.

Le_Kirk

Do not say who was driving, there is no need to do so. That old case of AJH Films was thrown out of court. Use the search facility in Advanced mode with AJH Films as your search term and select POSTS not THREADS. Also read the NEWBIE section again and read up on POFA to see why you should not divulge the driver's name.

Melv1982

Thanks for the fantastic help with this guys. Should I just let them take me to court, would the county court listen to such evidence or does only deal with the debt?

Coupon-mad

It deals with the facts, and of course a keeper can't be assumed to be the driver.

There is no debt or fine. Of course you have a case. We win 99% of the time!

Melv1982

They were phoning me every day at one point. I just kept ending the call when they started asking questions. Then a few days ago I got cheesed off and told them to stop harassing me and respond to my letter in writing. They really are pondlife!

Coupon-mad

You are entitled to tell them to stop phoning or texting. Happens all the time here!

Melv1982

Hello guys, I have received a CCJ claim form today. Is their anything specific I should be responding with?