PCN from 2016 re-emerges

Swede245

Hi all,

In January 2016 I recieved a PCN from NPE. I had waited in a pub car park space for 7 minutes to pick a friend up (I've no evidence to say he was in the pub). The car park in question is the Heartsease pub in Norwich which I know there is many threads about already.
At the time I made the poor decision not to bother appealing. I then ignored the monthly debt collectors letters and they stopped after around 6 months.
I have since moved out, however a week or so ago my parents received a letter addressed to me demanding the £160 within a week, and then another letter today which is unopened as I'm tempted to have it returned to sender (as its the incorrect address for me), would this be wise?
As I've seen a couple of threads recently where people are actually being taken to court (which this letter may be) I am sadly a little tempted to pay the £160 to relieve the stress of it. Most people seem to have good arguments, 'loading the car', 'just a couple minutes too long in the shop' etc, so I feel like I'm in a weak position.

Thanks in advance for any advice. Sorry if there is already information here which I've missed. I've spent the last day or so reading through bits but with a run of 12hr shifts starting tonight I've sort of run out of time, hence the temptation to pay!

Swede245

Le_Kirk

Unless my maths deserts me, 12 hour shifts last 12 hours, leaving another 12 hours per day. As distasteful as it sounds, set aside a 1 hour slot each day over the next couple of days to read the NEWBIE sticky. You will soon pick up the message that is there and find out what to do. Start with post # 1 as, if you don't, you will need post # 2 with the prospect of a real set-aside for not reading and responding to letters - DEBT collector letters can, of course, be ignored.

The_Deep

I am sadly a little tempted to pay the £160 to relieve the stress of it.

An MP has opined recently in the house of Commons that some of these companies may links to organised crime. Would you really want to fund modern slavery, and the import of Class A substances into the UK?.

In any case, £160 is an abuse of court process, read this;

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

Swede245

Thanks for the replies. You are correct about the 12hr shifts! When I said I'd run out of time I didnt mean I'd completely stop the research, just felt that I might not be able to take enough information on board quickly enough.
I have read though the first couple of posts in the newbies thread, and post 1 seems to be for people at the first appeals stage, which I missed years ago. Post 2 for small claims is where I feel I'm about to be, and is why I was looking for advice on whether or not to open the latest letter, as it had been delivered to an old address (albeit still a family address). I had read on another site that the companies were not able to get details from the DVLA twice for the same purpose, so was thinking if this was the case i may be able to have them returned to sender. My mum did make the mistake over the phone of saying she would pass on a message, so this may be enough for them to know I'll be getting them.
Thanks 'The Deep' for that point and link. Is that enough to go on then? Would a judge not ask why I didnt appeal in the first place? I still feel as though my argument is less strong than others, as I didnt use the premises at all etc. And as it was so long ago I can't get photos of signs etc. All I could say is I left within 7 minutes after reading the signs.

Thanks

The_Deep

Would a judge not ask why I didnt appeal in the first place?

Possibly, but you would answer that you thought it was a scam/unenforceable.

All I could say is I left within 7 minutes after reading the signs.

That is all you need to say, familiarise yourself with "grace periods".

Nine times out of ten of these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies

Swede245

Ok thanks, I will look to contest then and will consider contacting my MP if i can come up with a suitable letter. What would your opinion be on the letters going to the wrong address? I'm thinking now I should just open it and get on with it..

Redx

Our opinion is that the claimant should have used a tracing service like Trace to ascertain the correct address for service of documents

Email a data rectification notice to the DPO at the PPC , with proof of the correct current address by attaching a copy of the V5C to the email , telling them to erase the old address and only use the correct address in future

Swede245

Ok thanks for that advice. I wont deny receiving them then but will do as you say. Should I point out that I haven't received them on the dates that they thought I had due to them sending to the wrong place?

Redx

Depends if it is your fault in not updating the V5C or not , seeing as it's a legal requirement and carries a real fine of up to £1000 by the DVLA

It's not the wrong place if that was the address on file on the DVLA database

However , if the original letters were correctly addressed then you should email the data correction to ensure you have fixed the issue at the earliest opportunity after becoming aware of it

Bear in mind you are contacting their DPO with a specific data issue , not about your case

Swede245

It was the correct address when I initially got the PCN in Jan 2016. I then moved in Sept 2016 and updated the V5C, so thats always been correct. I will collect the most recent letter tomorrow and then email the DPO. I assume a picture of my V5C would suffice if no access to a scanner? When you say I'm not emailing about my case do you mean I shouldn't expect them to accept that I'm only going to be receiving the letters tomorrow?

KeithP

Swede245 wrote: »

When you say I'm not emailing about my case do you mean I shouldn't expect them to accept that I'm only going to be receiving the letters tomorrow?

I don't understand that what you are saying there, but Redx means you are instructing them to correct your data that they hold. That's all.