LBC for 2016 PCN

NH95

Hello all,

On the 8th Nov, I received a letter stating "This is our Letter of Claim which is intended to be in accordance with paragraph 6(a) of the Practice Direction - Pre-Action Conduct and Protocols in the Civil Procedure Rules ("the Practice Direction"), a copy of which is enclosed for your reference"........

"We now intend to recover these sums in accordance with the Protection of Freedoms Act 2012 Schedule 56 Part 4. Plesae ensure that payment is made within 14 days i.e. by 4:00PM on 22/11/2019. However if our claim is disputed, then we would ask you to supply your Letter of Response in accordance with paragraph 6(b) of the Practice Direction within the same time, i.e. within the next 14 days"...

"If, however, we do not either receive your payment or your Letter of Response, we will file out Claim in the County Court without further notice to you. Should this prove necessary, we must warn you that our Claim will also be for interest, Court fees, and fixed costs which will of course increase the monies which you owe. We would also ask you to note from paragraph 13 to 16 of the Practice Direction that the Court has the power to impose sanctions upon you should you fail to respond to this Letter of Claim or fail to comply otherwise with the Practice Direction"..........


"With reference to paragraph 8 of the Practice Direction, please say whether you wish to engage in settlement discussions or some other form of Alternative Dispute Resolution. However, we confirm that we are willing in principle to do this"

The PPC is Northern Parking Services, and I made a post in 2016 about this issue. In summary, I handed the car over for a service, which was then driven by the garage to the MOT centre, who parked it in an area clearly marked for no parking, with ANPR.

I'm willing to fight this claim as it's proven that the driver at the time was the MOT centre, who's name and address I've provided to the PPC. PPC refute this as I'm unable to name the driver (individual) but my argument is that there is well established precedence that companies have a legal personality.

I've read the sticky, but also note it clearly says THIS IS FROM 2013, which has led me here!

:beer:, and thanks in advance for any support on how to handle this matter.

KeithP

NH95 wrote: »

I've read the sticky, but also note it clearly says THIS IS FROM 2013, which has led me here!

Re-read the answer to this question in post #1 of the NEWBIES thread:

Q - ''Is this info up to date, because this thread was started in 2013?''

NH95

Ah wonderful, I'll have a look. I'm fairly confident a company are personable, I'll send back the details of the MOT centre in line with the template.

Redx

an LoC gives 30 days notice and includes financial forms


a 14 day notice letter is a debt collection letter, not an LoC letter


the £60 addon is fake and members should read post #14 of the ABUSE OF PROCESS thread by beamerguy, which was updated today


I would not respond to a 14 day warning debt collector letter, but sending a SAR to their DPO is a good idea, get it in while you can, by email

NPS_HELP

Excuse my ignorance but I’ve not a clue what SAR and DPO mean?

KeithP

NPS_HELP wrote: »

Excuse my ignorance but I’ve not a clue what SAR and DPO mean?

SAR = Subject Access Request

DPO = Data Protection Officer

Umkomaas

Try this is Google:

SAR

DPO

Just those acronyms.

NH95

Is this true even though it does not have the 30 day limit? From reading the stickies, I feel like my best course of action is to file with the template identifying the driver (even though the driver I will be stating is a company).

Should I request a SAR alongside this?

Coupon-mad

Welcome!

All acronyms used here are in post #5 of the NEWBIES thread to 'read first'.

SARs are also explained in post #2 there.

I feel like my best course of action is to file with the template identifying the driver (even though the driver I will be stating is a company).

But the company can't be the driver, however they were the KEEPER ON THE DATE OF THE EVENT.

it's proven that the driver at the time was the MOT centre, who's name and address I've provided to the PPC.

Good, so you transferred liability and you proved they were the keeper at the material time, by showing evidence?

You need to do that so liability has clearly passed over to them, and you can say that the registered keeper can no longer be presumed to be the 'keeper' for the purposes of the POFA, because you have proved that the rk was not, that day. And liability has been properly transferred already, thus their claim is unfounded, and harassment of the wrong party.

Be as robust as that to head them off.

There are loads of other threads about NPS for you to bookmark to avoid duplication:

Same as all the exact same threads posted this week...we assume all of you newbies with tedious (exactly the same) NPS letters have all been reading the forum and have been in touch with each other:

https://forums.moneysavingexpert.com/discussion/6069249/northern-parking-services-letter-of-claim

https://forums.moneysavingexpert.com/discussion/6069383/parking-charge-from-3-years-ago

https://forums.moneysavingexpert.com/discussion/6069962/letter-of-claim-from-northern-parking-services

https://forums.moneysavingexpert.com/discussion/6069212/received-a-letter-of-claim-but-not-aware-of-the-pcn-from-2017

https://forums.moneysavingexpert.com/discussion/6069244/parking-charge-notice-2-year-chase-up

https://forums.moneysavingexpert.com/discussion/6069984/being-threatened-with-court

https://forums.moneysavingexpert.com/discussion/6069442/paid-a-parking-charge-now-how-a-letter-from-a-separate-company

...we can't do this umpteen dozen times in duplicate so please get together to prevent us having to answer the same thing throughout when your claims arrive.

chuffywombat

Redx wrote: »

I would not respond to a 14 day warning debt collector letter, but sending a SAR to their DPO is a good idea, get it in while you can, by email

I got the exact same letter so sent them a SAR. They're now asking for my passport or driving license to prove my identity. I know I should not have to provide intrusive and excessive identification such as that. Is this something I can complain about to someone or is that a waste of time?

Coupon-mad

Always complain to the PPC first, then report them to the ICO online (easy to do).

I love your username!