Delayed issue of PCN

KeithP

johnedit said:

Hi, All. Just an update – I have today received a ‘Letter Before Claim’ from ELMS Legal. As mentioned before, the PCN/NTK was sent 4 months after the Contravention Date and the PCN Issue Date (18/9/19). Do I respond to ELMS sating that I have previously advised VCS Ltd that I consider that the PCN/NTK was served in contravention the strict requirements of the PoFA – in the hope they cease legal proceedings – or just wait for them to take matters to the next stage?

The second post of the NEWBIES thread describes exactly how you should react after receiving a Letter of Claim.

Ralph-y

and all this ....

direct link to court section in newbies thread
.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

and  

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Ralph

johnedit

Many thanks to KeithP and Ralph-y for their responses.

Redx

The avalanche is a quarter of the way down the mountain , it will rumble on regardless , so current actions are delaying actions only , LBC stage then court are almost inevitable , so assume the latter , not a cease of hostilities

nosferatu1001

If you were the driver )don't tell us!) then you might be asked by the court if you were and you must answer truthfully

if you do not know if you were the driver, then again you state that

if you were not the driver, then of course you state that. 

johnedit

Thanks to Redex and nosferatu1001 for their replies.

Correct me if I am wrong - but it seems like most of the Newbie Thread assumes that the PCN/NTK was issued 'correctly' and the process/advice serves to dissuade the PPC from chasing payment. In my case they have contraveined the strict requirements of the PoFA in issuing the PCN/NTK 4 Months after the event - hence my question as to whether I should make ELMS aware of this seeing as the PPC seem happy to ignore this fact and this would be my defence in Court.

KeithP

Why are you still going on about the validity or otherwise of the PCN versus POFA?

Practically every reply you have received on this thread has told you that:
1) nothing makes the PCN invalid, and
2) nothing will stop them pursuing you.

Now please re-read my post of Today at 5:40PM.

johnedit

OK, Thanks, Keith.

Umkomaas

They will pursue the registered keeper on the assumption that they were the driver. Standard VCS/Excel MO.

Coupon-mad

We told you a YEAR ago that PPCs don't have to use the POFA.