PCN where permit not transferred to vehicle

Beanthere2020

I've been trying to search the forum about costs due to possible court action. I understand that costs could be potentially £300 as per previous replies if case was lost. What I'm trying to understand is if defendant would have to cover claimant solicitors' cost? Can this be a large amount or is it capped? 

KeithP

Earlier posts state total costs that may be payable. Nothing more.

Beanthere2020

Coupon-mad said:

I say the driver should appeal that PCN, as it's the first they heard of it.

Looking back over the thread, this was not a step that was taken. Is this a shot in the foot?
The driver never appealed the 2 x PCN that the PPC reassigned from RK to the driver, enabled by POPLA.

Would it be worth another shot at getting a landowner cancellation explaining the that permit was on another vehicle used by the driver? 

nosferatu1001

Beanthere2020 said:

I've been trying to search the forum about costs due to possible court action. I understand that costs could be potentially £300 as per previous replies if case was lost. What I'm trying to understand is if defendant would have to cover claimant solicitors' cost? Can this be a large amount or is it capped? 

Total for one PCN should never exceed £200
That is all in. Total. No more. 
YOu are only liable for their costs if you behave unreasonably. CPR27.14(2)(g)

Yes, it is a missed chance. Theres a reason you were instructed to appeal. Failing to do so is a mistake and something to move on from. 
It's always worth trying to get the landowner to cancel. Even having the landowner saying they cant cancel but they dont agree is worth it, of course - and you will know why, based on Beavis. 

Beanthere2020

RK initially tried the retail park manager - (couldn't locate landowner details) and they rejected the cancellation that the permit wasn't valid as it was a different vehicle.
An oversight on not appealing through POPLA once the driver became liable.

Is a complaint put into drivers local MP or MP of the place alleged contravention took place?

Going to preempt an LBC and start SAR process from all parties chasing debt, then build a defence. 

nosferatu1001

A complaint to MP could work. Cant hurt. 
No need to do much work on building a defence. The template is fine. 

KeithP

Beanthere2020 said:

Is a complaint put into drivers local MP or MP of the place alleged contravention took place?

Protocol dictates that the complaint goes to your MP.

Of course you might want to send a copy to the MP in whose constituency the alleged event took place. I'm sure he/she would be very interested on what's going on in 'his patch'.

Beanthere2020

KeithP said:

Protocol dictates that the complaint goes to your MP.
Of course you might want to send a copy to the MP in whose constituency the alleged event took place. I'm sure he/she would be very interested on what's going on in 'his patch'.

I seem to recall seeing an MP letter template on the forum somewhere, but I can't locate it. Just want to be aware of what information should/shouldn't be shared with retail park and or MP now that driver has been named.

SARS have also been sent to PPC and debt collectors today.

Coupon-mad

Someone posted a good example of one but I've no idea where it is.

Beanthere2020

Coupon-mad said:

Someoe posted a good example of one but I've no idea where it is.

Think I've located now.

Working on the premise that LBC may come - so await information back from SAR.

Using the abuse of process defence template, as PPC have added the usual spurious £60 on top of the 2 alleged PCNs.

As the original POPLA was weak (whch led to sneaky tactic discussed in previous posts) - trying to determine the key areas to focus on in terms of the defence - is Abuse of process strong enough alone? Should the argument of permit for another vehicle be included?

If driver is to approach the landowner now for cancellation, what information can/should be shared with them without giving PPC ammunition?