Please help!Letter from Newlyn

nikkietoni

Hi guys please help if you can.
My daughter received this letter regarding an apparent contravention in 2017.
She never received a pcn in 2017 and moved house and split from husband the year after. He also has no recollection of her receiving a pcn. This was sent to her present address today.

She was shocked to receive this out of the blue and is a single mum with a mortgage and low paid job and poor mental health so this letter has increased her anxiety no end. She has not got a ccj against her name either.
Just need some advice please. Thanks so much 
I hope you can see the photo ?

https://ibb.co/CMLvxfY 

She has not got a CCJ at all .. checked with Trustonline

Redx

tell her to email the DPO at Horizon and get all her data , attaching a copy of the V5C log book, or 2 recent redacted utility bills , as proof of I D under GDPR

Do another copy to Gladstones too

nikkietoni

So what should she say in the email to Horizon and Gladstones? Thankyou 

KeithP

nikkietoni said:

So what should she say in the email to Horizon and Gladstones? Thankyou 

Send a Subject Access Request as described in the first few paragraphs of the second post on the NEWBIES FAQ sticky thread - https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou.

nikkietoni

looks like she has a ccj against her name after all!! She moved home in 2018 and no mail was forwarded to her from her previous address so she had no way of knowing she had a pcn. She recently changed her address with dvla so this is why they have now sent het this letter. But she had no knowledge otherwise she would have appealed against  it as it was a day right on top of Christmas and the car park is always full and takes ages to get in and ages to get out and she presumes that was why she maybe was a few minutes  over   her time shopping and parking . So she said she would have appealed as quite strict with her timing so will apply for the parking info..
but now what to do? Can you apply to have the ccj set aside and cancelled by appealing and pay or should she pay the ccj and then appeal? She is a single parent on a low wage so is beside herself with worry. May get our MP involved as how can this happen. ?£356 is a lot of money to find and she does not want a ccj on her name for 6 years! 


 

Redx

yes she can apply for a set aside , normally £255 but she may qualify for assistance depending on income etc

if she pays the CCJ it will say its satisfied but remain on her credit rating for the usual 6 years

too late for any appeal, so no chance of an appeal, not to anyone

the CCJ will stay on her name for that 6 years UNLESS she gets it set aside, then fights the original court claim

I suggest you read other set aside threads but start with the second post in the NEWBIES FAQ sticky thread, also read any posts by henrik777 too

Coupon-mad

She is a single parent on a low wage

So she'll probably qualify for 'help with court fees' (even free) then, and the set aside will likely cost her nothing...have you checked that yet?  Easy to Google and find out.

nikkietoni

	Phoned the northampton court today as have no details of pcn and received this!! Which we do not understand! THE DRIVER OF THE VEHICLE WITH REGISTRATION ....THE 'VEHICLE') PARKED IN BREACH OF THE TERMS OF PARKING STIPULATED ON THE SIGNAGE (THE 'CONTRACT') AT EDEN SQUARE URMSTON - LPS/ANPR - DMEA - EDEN SQUARE GOLDEN WAY URMSTON GREATER MANCHESTER M41 0NA, ON .....THUS INCURRING THE PARKING CHARGE (THE 'PCN'). THE DRIVER OF THEVEHICLE AGREED TO PAY THE PCN WITHIN 28 DAYS OF ISSUE YET FAILED TO DO SO. THE CLAIMANT CLAIMS THE UNPAID PCN FROM THE DEFENDANT AS THE DRIVER/KEEPER OF THE VEHICLE. DESPITE DEMANDS BEING MADE, THE DEFENDANT HAS FAILED TO SETTLE THEIR OUTSTANDING LIABILITY. THE CLAIMANT CLAIMS £80 FOR THE PCN, £70.00 CONTRACTUAL COSTS PURSUANT TO THE CONTRACT AND PCN TERMS AND CONDITIONS, TOGETHER WITH STATUTORY INTEREST OF £18.72 PURSUANT TO S69 OF THE COUNTY COURTS ACT 1984 AT 8.00% PER ANNUM, CONTINUING AT £0.03 PER DAY. Claimant: HORIZON PARKING LIMITED Solicitors: GLADSTONES SOLICITORS LIMITED It is saying the driver of the vehicle agreed to pay the charge within 28 days but did not!My daughter knows nothing about the pcn or the ccj!  We want to send the set aside form but have heard nothing from Horizon about the particulars of the pcn to be able to put in a good case for appealing the ticket which she needs to inform the judge the grounds of sppeal she would have used had she known about the pcn.

Redx

there will be no appeal

she is paying for a set aside so that she can defend the original pcn and court case (not appeal it)

the SAR will flush out the documents and pictures and data

in the meantime , she needs to follow the advice in the newbies faq sticky thread post #2 about the 6 point set aside and add a defence

if a driver parks on private land , they contract to obey the parking rules, even if they havent a clue and dont read the signs, so the parking company are correct , THE DRIVER agreed to the parking contract by leaving the car on private property , ignorance is no defence

but they have to convince a judge of that

nikkietoni

Thanks but does she not have to convince the judge while sending in the set aside request that if she had appealed the pcn she would have won the appeal or is that when she faces the judge at the set aside hearing? Thankyou 

D_P_Dance

Which we do not understand!

You really need to read the stickies.  This is not painting by numbers.

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

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.