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Is PDUK clutching at straws to enforce PCN?
Terra2Nova
Posts: 1 Newbie
Hello
Please help if you can.
In short, I have received a PCN (notice to keeper) from ParkDirectUK which I have appealed to within 28days.
However, my reply was sent by post exactly on 28th day .
Now.
The PDUK replied to my appeal dismissing the failed points based on non compliance to the Schedule 4 of POFA 2012.
PDUK casually stated in its reply that "the requirements of Schedule 4 of the Protection of Freedom Act required for Registered Keeper liability have now been satisfied"
Yes, out of the blue and without any justification as to why they have dismissed my points.
Two weeks latter another letter from PDUK telling me that due to the failure to receive the appeal within the prescribed 28 day period my appeal is invalid and they will be sending bailiffs if I don't pay up.
Well it looks to me that PDUK could not rebuff my valid points so it tries to reject my appeal on 28 days rule.
My questions are.
1) Which date of the appeal letter should be legally standing: the postal or the receipt date.
2) If the PCN is not enforceable due to failed Schedule 4 of POFA 2012 does the question of
appeal date matter at all?
3) Can I warn PDUK that sending bailiffs on me without the court judgment will be a case of
trespass and harassment. If so how can I make sure PDUK thinks twice before threatening
me again.
I would appreciate any of your comments.
And thank you very much for enlightening me in my little fight.
Please help if you can.
In short, I have received a PCN (notice to keeper) from ParkDirectUK which I have appealed to within 28days.
However, my reply was sent by post exactly on 28th day .
Now.
The PDUK replied to my appeal dismissing the failed points based on non compliance to the Schedule 4 of POFA 2012.
PDUK casually stated in its reply that "the requirements of Schedule 4 of the Protection of Freedom Act required for Registered Keeper liability have now been satisfied"
Yes, out of the blue and without any justification as to why they have dismissed my points.
Two weeks latter another letter from PDUK telling me that due to the failure to receive the appeal within the prescribed 28 day period my appeal is invalid and they will be sending bailiffs if I don't pay up.
Well it looks to me that PDUK could not rebuff my valid points so it tries to reject my appeal on 28 days rule.
My questions are.
1) Which date of the appeal letter should be legally standing: the postal or the receipt date.
2) If the PCN is not enforceable due to failed Schedule 4 of POFA 2012 does the question of
appeal date matter at all?
3) Can I warn PDUK that sending bailiffs on me without the court judgment will be a case of
trespass and harassment. If so how can I make sure PDUK thinks twice before threatening
me again.
I would appreciate any of your comments.
And thank you very much for enlightening me in my little fight.
0
Comments
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when the bailiffs arrive , poke em in the eyes , UNLESS you have been taken to county court , lost and not paid them0
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Terra2Nova wrote: »Two weeks latter another letter from PDUK telling me that due to the failure to receive the appeal within the prescribed 28 day period my appeal is invalid and they will be sending bailiffs if I don't pay up.
No, they didn't say that.
They may have said that you will get debt collectors letters, and if you ignore those, a court claim will follow.
If you then ignore a court claim then you may well get a County Court Judgment against you.
If you do not pay that Judgment, then, and only then, can they send bailiffs.
Read that letter again - idle threats designed to panic you.
You need to do nothing more unless you receive either a Letter of Claim or official court correspondence.0
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