NCP PCN now at Debt Collection Stage

Lumphammer2

In short, I was recorded by ANPR on 14th March.  My recollection is that the ticket machine was out of order, so I didn't buy a ticket.  The initial PCN was sent 24th March and the follow up on 22nd April.  And I have just had a letter from Trace Debt recovery.  I have read through the stickies.  I know my ignoring it probably hasn't helped me, but with coronavirus etc dealing with this has not been a high priority for me.  My thinking is to treat it as an invoice.  But surely any invoice would have a better desciption of the service provided other than 'Parked without payment of the parking charge' - i.e. it doesn't state if I overstayed, didn't buy a ticket, put incorrect details in etc.  Presumably NCP would know whether their machines were operating?  Am I legally obliged to give details of the driver?  I don't really want to go to court, but my main concern would be
a worse case financial ruling by the court.

I would really appreciate some advice.

Umkomaas

Am I legally obliged to give details of the driver?  I don't really want to go to court, but my main concern would be
a worse case financial ruling by the court.

I would really appreciate some advice.

You need to read the NEWBIES FAQ sticky which will help ease you concerns. 

Redx

No you do not have to divulge the driver

Read the newbies FAQ sticky thread near the top of the forum , especially the fourth post about ignoring debt collectors

beamerguy

Lumphammer2 said:

In short, I was recorded by ANPR on 14th March.  My recollection is that the ticket machine was out of order, so I didn't buy a ticket.  The initial PCN was sent 24th March and the follow up on 22nd April.  And I have just had a letter from Trace Debt recovery.  I have read through the stickies.  I know my ignoring it probably hasn't helped me, but with coronavirus etc dealing with this has not been a high priority for me.  My thinking is to treat it as an invoice.  But surely any invoice would have a better desciption of the service provided other than 'Parked without payment of the parking charge' - i.e. it doesn't state if I overstayed, didn't buy a ticket, put incorrect details in etc.  Presumably NCP would know whether their machines were operating?  Am I legally obliged to give details of the driver?  I don't really want to go to court, but my main concern would be
a worse case financial ruling by the court.

I would really appreciate some advice.

Well, Trace are just timewasters and you did the proper thing to ignore them.
No doubt they added a fake amount like £60 and that proves to you they are simply money scammers.  YOU IGNORE MONEY SCAMMERS

Just sit and wait and come back here if you hear further

Lumphammer2

Thanks very much for the rapid replies.  I have spent quite a lot of time looking through the stickies, before troubling the forum.  Some of the links don't appear to work (I can't find the video referred to) and some link to other (old) forum postings where there is often some disagreement in the best way forward.  Happy to sit tight, but wonder if taking the initiative may be advisable.

Redx

If you were to take the initiative , in what way ?

I cannot think of anything you can do , other than a landowner complaint for cancellation , plan A in the newbies thread that you say you have read

Apart from that , how do you wish to take the initiative that we don't know about even if many of the regulars here have seen almost everything in the last 7 or more years. , Plus I have never seen anyone win in any replies to debt collectors

pogofish

Post four of the Newbies Sticky works fine - it’s there to put a stop to interminable threads about debt collectors.

Coupon-mad

However, with NCP, the rk sending them an appeal online to NCP, that says 'I know you didn't comply with the POFA' often works, even late.  Of course the driver doesn't get named!  That's the only perso NCP can hold liable!

You really should have seen this off at the start.  NCP ones are easy. 

Now you are playing catch up, but submit an appeal from the keeper anyway, saying the keeper knows the NTK has not complied with the POFA and the driver will not be named so they may as well cancel and scurry off back down their hole.

Lumphammer2

With regard to initiative, I was thinking of the Template 'One Size Fits All' appeal or the 'robustly-respond' referred to in the IGNORE THE DEBT COLLECTORS - DO NOT PANIC.

Yes, I have spent maybe 2-3 hours working through the newbies thread.  I will say that while I have the utmost respect for anyone giving up their time to help others on this forum - and, maybe to those, the subject matter is straightforward - but to anyone new to the subject, the number of variables and the complexity of the regulatory and legal issues is daunting.  With regard to the NEWBIES thread, trying to grasp the information from one page, while constantly being directed, with links, elsewhere is very confusing.

I have contacted the landowner (shopping centre) whose bottom line is that NCP deal with all parking issues and that was the end of it - but I will try again tomorrow.

Redx

you should do whatever you think fit, but the topic has been done to death on here and at the debt collection stage we tend to find that only PLAN A is of any use, complaining to a landowner and getting a cancellation

what you have to understand is that the debt collection stage is the interim bombard the subject with menacing letters stage

the debt collectors have no power to cancel or overturn a pcn or invoice, its a no win no fee scenario for them , so unless you get it cancelled at source then you are awaiting court papers within 6 years, little will change that fact and bear in mind we have seen thousands of posts like yours over many , many years

by all means use the blue text template and appeal to NCP, they will reject it and state its now too late to appeal it and that its in the hands of the debt collectors and refer you back to them , its a merry go round where all they want is your money, nothing else will do

when you find that our wise words and sage advice are borne out by your futile efforts to change the outcome, you will understand why we are not interested in the stage you are at , Canute had more chance of holding back the sea in the Wash !!!

I would like you to prove me and us wrong, but I wont hold my valuable non-CV19 breath, in case I need it for the more pressing CV19 in the future which is of greater importance

MistyZ

Coupon-mad said:

However, with NCP, the rk sending them an appeal online to NCP, that says 'I know you didn't comply with the POFA' often works, even late.  Of course the driver doesn't get named!  That's the only perso NCP can hold liable!

You really housl have seen this off at the start.  NCP ones are easy.  Now you are playing cacth up but submit an appeal from the keeper anyway, saying the keeper knows the NTK has not complied with the POFA and the driver will not be named so they may as well cancel and scurry off back down their hole.

I suggest you do this.  

Then persevere with landowner complaint as per you plan.   Make sure that the shopping centre is indeed the landowner, there is often an overall land management company in charge - Google will help. 

Sit on your hands when debt collectors' letters arrive, though keep them all.  Do not engage with debt collectors at all, they are likely to lie to you and attempt to intimidate you. The time to act (if that late appeal to NCP or the landowner complaint don't work) would be when & if you get a Letter Before Claim.  I think you should direct your reading to that stage if you want to be prepared.