Court Letter for 4 year old PCN

MsSLP

I’m not posting here instead of sorting it. I have responded to the parking companies email and have completed the forms and in doing so noted the 28 day time limit so was seeing if anyone could clarify. If they are likely to just respond saying it isn’t within the 28 day time limit and so she will have to defend, I can start gathering any relevant info like the lease document, as it may prove difficult and time consuming from here in Aus.

Quentin

The 'sorting it' I referred to is naming the driver to stop her getting a Court claim which will inevitably follow the lbcca!

You won't need the lease document etc in Australia!!

MsSLP

My mum has submitted the transfer form as they requested and they have emailed confirmation of receipt.

Does she now also need to email the solicitors to inform them this has happened, so they don’t continue with court action?

Quentin

Not necessary but she can to have belt and braces

Coupon-mad

Yes, certainly she should reply to the LBC to tell them a version of the same words I gave you before about having transferred liability under the POFA.

If it was too late after 28 days to transfer liability we wouldn't have told Mum to do it!

We know what we are doing and you can check the POFA if you like, its says (effectively) that a parking firm cannot pursue a keeper if they know the name & address of the driver before action commences (= legal action, which means an actual claim).

So, when the solicitor or PPC tries to reply telling Mum she is too late and blah blah 28 days, please don't post here doubting us. Please no asking what to do.

You KNOW what Mum will have to say back!

Has Mum also done the rectification notice to erase her data, under her 'right to be forgotten' in the GDPR (Google it)? We meant her to do that AS WELL as transfer liability using the silly little form, and of course she must give the PCN number & VRN.

MsSLP

Hi in need of some urgent help!

Following the advice given above about my previous PCN my mum transferred the liability of another PCN to me by sending a letter to the car parking company that issued it and instructed them to inform their solicitors. She continued to receive a further two letters from the solicitors despite this. The last letter received stated that they intended to pursue court action of she did not pay, so this time she emailed the company informing them that the liability should be transferred, and again told them to inform their solicitors. I presume this did not happen as she now has received a County Court Claim informing her they intend to claim against her.

How can the company just ignore two requests to transfer liability? Is there anything that can be done now at this point or will she have to defend it?

She has subsequently forwarded the request of transfer of liability to the solicitors email address - do they then have to recognise this or now the court papers have been issued, can they continue to pursue this?

What if anything can my mum do now to avoid having to defend this in court. I am still living in abroad and so cannot help her in person. She is now panicking and I am not sure what to do, so any help would be greatly appreciated.

Thanks in advance.

MsSLP

I started a new thread for this advice after remembering to deal with one issue per thread. Please respond with any advice or help here:
https://forums.moneysavingexpert.com/discussion/comment/76249235#Comment_76249235

Umkomaas

Please keep everything on this thread. It has all the context. You only start a new thread for a different parking charge, not for a new issue relating to a parking charge already covered by an existing thread.

Please mark your other thread 'Duplicate' and ask that people don't post on it.

You were asked on 22 May 2019 by Coupon-mad to tell us which parking firm is involved, yet you failed to respond. It is now imperative you tell us as it will direct the advice you are given.

MsSLP

This isn't in relation to the previous PCN detailed on this post. The circumstances are different.
I merely followed the same advice with regards to the transfer of liability given in that thread. Nothing else is relevant.

My issue here is that the parking co has not transferred liability to the driver despite having been provided with their information twice. Surely this is in breach of some code of conduct or protocols?

I have written his on the new thread too. Happy to take advice on either thread (and delete the other thread if not needed), just thought that as this isn’t related to the PCN discussed throughout this thread to it would be best to start a new one The PCN discussed above was issued by a different parking company and involved a different solicitor firm.

I’ve previously read not to include the information about the parking co and solicitor as they regularly trawl these threads and can identify your case from the details. Happy to provide that information if it helps.

My issue here is not that my mother was to form a defence (if she doesn’t have to) my primary question was can the solicitors proceed with this if the parking company were informed of transfer of liability and have just ignored it? So is there a way of stopping this before it gets to court?

If not, then I will have to look at what defence but wanted to clarify this in the first instance, and happy to provide all the details about the situation if then needed, but didn’t want to get bogged down in this detail if there’s a way of stopping this by them not adhering to the transfer of liability.

As I have a 15 day deadline I was just trying to cover all bases.

Fruitcake

MsSLP wrote: »

This isn't in relation to the previous PCN detailed on this post. The circumstances are different.
I merely followed the same advice with regards to the transfer of liability given in that thread. Nothing else is relevant.

My issue here is that the parking co has not transferred liability to the driver despite having been provided with their information twice. Surely this is in breach of some code of conduct or protocols?

I have written his on the new thread too. Happy to take advice on either thread (and delete the other thread if not needed), just thought that as this isn’t related to the PCN discussed throughout this thread to it would be best to start a new one The PCN discussed above was issued by a different parking company and involved a different solicitor firm.

I’ve previously read not to include the information about the parking co and solicitor as they regularly trawl these threads and can identify your case from the details. Happy to provide that information if it helps.

My issue here is not that my mother was to form a defence (if she doesn’t have to) my primary question was can the solicitors proceed with this if the parking company were informed of transfer of liability and have just ignored it? So is there a way of stopping this before it gets to court?

If not, then I will have to look at what defence but wanted to clarify this in the first instance, and happy to provide all the details about the situation if then needed, but didn’t want to get bogged down in this detail if there’s a way of stopping this by them not adhering to the transfer of liability.

As I have a 15 day deadline I was just trying to cover all bases.

Do you mean that there are two PCNs? This is not entirely clear in your opening post on your other thread, hence the confusion.

Please state on your other thread, including the title, in your OP that this is for a completely different PCN to the one on this thread.
The problem is there that you have not given any background which makes it harder for the regulars to comment.