PCN ticket in allocated space but going away

Rick1983

Hi

I haven't seen anything like the problem I have on other threads so I have started a new thread here for some advice.

I received a PCN from PCM in the parking lot allocated to my building. I have a shared ownership lease on the property which states I have the right to use one space within the estate.
I also have a land registry form with the space I have been 'allocated' defined with a red border. I also have a parking post which may have been installed by the previous owner, but of which i am the sole key holder.

I appealed the case on their website, telling them I was a resident and that I have a permit, which was denied as I was not clearly showing a permit. I only found this out by the time a final notice letter was sent out (by which time it was too late for an independent appeal).

I have tried asking the HA for help who are the joint lease holders, but the housing officer, after a lengthy absence of holiday, says they cannot intervene.

I have now received letters from Trace recovery for £160.

I am writing a letter of complaint to PCM and Trace for them to cease and desist deeming it a matter of trespass and harassment in the hope that they withdraw as my worry is that if I ignore these letters, very soon I will be out of the country for two months with nobody at the address.

I have read the threads and know I have a case with Primacy of contract but my worry is if I am served an LBC, court papers, etc., that I will not be there to receive them and, therefore, by default, receive a CCJ.

Any advise would be welcome as to how to proceed. I don't want to give in but the circumstances are causing me to stress more so than would normally be the case!

Rick

The_Deep

Read this


https://parking-prankster.blogspot.com/2016/11/residential-parking.html


Does your lease give ou primacy of contract? Does it mention the requirement to display a permit?

Rick1983

Thank you for the quick response.

Yes, I have read this. It does give me primacy of contract, and there is no mention of a requirement to display a permit. I am writing to PCM to explain this.

My main concern is that I will be out of the country for 2 months in a few weeks and that I would be unable to defend my case if I was issued court papers and of which I would also have no knowledge of receiving in the first place - or which could hamper me leaving the country in the event that they were received beforehand.

The worry is a CCJ by default, i.e. me not being there to defend my case. Are there steps to take to explain the absence? Or does the fact that I wouldn't be here to argue my case lead to circumstances where it might better off to pay them rather than accrue the potential CCJ? Would I be able to argue on my return?

Le_Kirk

How far through the process are you? You have received a PCN, have you received any debt collector letters? Have you received a letter before claim (LBC)? All of this (usually) happens before you can actually appear in small claims court. For example, the PPC must allow 30 days on a LBC before starting proceedings. Then and only then, can you be given a CCJ by a judge. Further, if you pay the amount before 30 days (or the amount of time the judge declares in the judgement) will the CCJ have any effect on your credit report/score. When are you leaving the country? For how long will you be away? Is it a work posting such that you will have a permanent postal address? Is there anyone back at base who could deal with or forward your mail.

KeithP

Whatever you do, do not tell the parking company that you will be away.
That will only prompt them to get the papers out during that time.

Rick1983

So far I have received a letter from the debt collectors, but not a LBC. I will be leaving on the 15/11 for 2 months returning on the 13/1.

I will be in Mexico visiting my partner and she has previously warned me of the perils of sending post from the UK! So I believe it would be hazardous to rely on this given the timescale and unreliability aspect.

I do have family living locally who I could ask to open my mail, and send photographs of the paperwork for me to work on the responses remotely?

I'm just trying to get a sense of if this is achievable as I'm so upset with the housing association for their lack of help and these scammers demanding money knowing I'm a resident that I really want to fight my corner.

One point of note is that terms of my lease do grant me permission, however, it was a company work van that I was driving at the time of the PCN. Are there any loopholes they can trip you up on in regards to company vehicles? It does mention private motor vehicles on the lease, but then the ticket was for not showing clearly a permit - so is this point moot?

Rick1983

And thank you for the heads up on not telling the parking company i'll be away.

Umkomaas

I do have family living locally who I could ask to open my mail, and send photographs of the paperwork for me to work on the responses remotely?

That’s what needs to be done.

So far I have received a letter from the debt collectors, but not a LBC. I will be leaving on the 15/11 for 2 months returning on the 13/1.

Even if they issued a formal Letter of Claim today, that would allow you to almost the end of November to respond to it (30 days). I would guess it would take them a couple of weeks to get round to issuing court proceedings via MCOL - that’s the danger period, the 19 days after the issue date to acknowledge service (AOS).

If after AOS is done in time, the deadline for defence is 33 days after the initial date of issue, fail to AOS then it’s likely a default judgment, resulting in a credit affecting CCJ, will be issued. But you do have 1 month to pay it off.

So they’d have to move almost immediately for there to be much chance of them getting everything done before you’re back home on 13/1.

It’s likely the debt crawlers will want a few goes into getting you sufficiently intimidated to cough up (they work on a no win, no fee basis), so it’s highly unlikely that anything much will be finalised before your return - that’s even if PCM were to issue proceedings (they’re not that litigious). And of course, the longer it remains relatively quiet the closer you get to your departure date, the more unlikely that you’ll be caught out with a judgment in default while you’re away.

Le_Kirk

Chances are it would not appear in court before your return but you are right in that you could received the court claim form from Northampton CCBC and that would need to be actioned. If you have someone who could send any LBC and/or claim form by e-mail then you have a chance by e-mail of doing what needs to be done before your return. Read the NEWBIE sticky post # 2 and in particular how to submit the AoS and the link by member Bargepole about what to do and when (or what happens and when) and you will be prepared before you go. Make sure you have a Government Gateway account before you go and make sure it works (i.e. you can log in). It is the one you use for tax returns etc. Also read up on defences - there are 17 pre-written examples in the NEWBIE sticky and some of them are own space cases. Do all you can before you to prepare and of course it will all prove not to be necessary. Fail to do it and you might come back to a CCJ.