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Missed PCN - Debt Collector Letter Received

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Comments

  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Further update:
    Even though I missed the Initial Parking appeal deadline (for the previously mentioned reasons) I wrote to them anyway, not really expecting a reply, but they replied with the following:
    "Thank you blah, blah, the content is noted.  T&C signage on site states that if you choose to park/remain on site and stay over 10 minutes you must pay full tariff.  We confirm the charge is not cancelled . . . etc etc"
    Not really unexpected.

    Meanwhile, I've now got confirmation of my new address in France, so I could now write to IP to inform them of this.
    But I have one question arising out of my somewhat unusual circumstances.  Because of a combination of Brexit uncertainty and the latest Covid travel bans to France, I'm not totally sure I'll be able to travel to France after Christmas as currently planned (28th Dec), but in the likely absence of a Brexit deal if I'm not in France before 1st January then I'll have no right to work there, even though I've already got a signed employment contract.  I'm looking at changing my travel plans to before Christmas if possible and because my work contract is dated 2020 it may be possible to fudge the rule changes even if I can't get to France until after 1st January.  So everything is uncertain and I won't really know where I'll be for the next few weeks.

    All that I can cope with, but I don't know what best to do about this pending PCN.  Should I:
    1. Notify IP of my move to French address immediately, but then risk missing important letters if I'm not there?
    2. Leave my address as it is, with letters forwarded to my parents, but then I won't see them while away in France?
    3. Can I somehow 'officially' appoint a parent to legally deal with this matter in my absence?

    Any advice gratefully received.


    You need to up your gain and treat these idiots like young children

    We know that CST have a mental problem, that's obvious thinking that the circus clowns DRP have instructed them.  
    They mention the Beavis case ...... they don't have a clue.

    Thus far all we have seen from CST is junk mail, put them in a court in front of a judge and they will be crucified

  • Did they send a POPLA code?

    Surely you can wait ten days to make a decision, so you know which address makes sense.

    No POPLA code, though I wasn't expecting one because I missed the formal appeal deadline.  I was surprised they replied at all really, but since they did I think I'll reply pointing aout that I didn't CHOOSE to remain in their car park but waiting to be able to leave because of the summer congestion.  Even with their 10 minute grace period I was less then 2 minutes over time and was definitely not parked at the time!  I know another letter it will likely make no difference, but at least it's costing them money to reply :)

    You're probably right about the change of address - it can wait until I'm physically at the new address and know the job situation for sure.  If the travel ban gets lifted then I'm going to go out there immediately, even though that would mean missing Christmas with my parents :(

    My real concern is missing any LBA or Court summons because of being mobile.    It would all be so much easier f I could formally appoint a parent to deal with this on my behalf and not even have to attend court myself if it came to that. 
    Do you know if this is legally possible? 

    Thanks.

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 22 December 2020 at 3:33PM
    You won't get a summons , it's not a criminal case

    An MCOL is what is triggered and comes from the CCBC in Northampton !! (Not a summons )

    The LBA is irrelevant if you have done a SAR ? , It's just advance notification of an imminent claim

    You can do the work online , you do not have to attend court , although usually it's preferable , it can be done on papers only

    However , as you found out with covid , things change , so telephone or video hearings are now the normal methods , so remote hearings , not in person hearings in an actual court , this won't change in 2021 or possibly beyond 2021

    Not only that , it takes say 6 to 12 months from a claim form to a hearing , so way past your 4 months work

    YOU have to sign off every stage yourself as an adult , so no , your parents cannot do it
  • SillyBilly2020
    SillyBilly2020 Posts: 29 Forumite
    10 Posts Name Dropper
    edited 22 December 2020 at 8:55PM
    Sorry for the wrong wording, I was using 'summons' in a general rather than strictly legal sense.  I just meant court action of some kind that I shouldn't ignore.

    Yes, I've already done the SAR thing, so useful to know I can therefore ignore any LBA.

    If possible court action is 6-12 months away then at least that gives time for the Brexit fiasco to settle down, but who knows where'll be by then.  4 months is my current work contract but I'll be looking for more so might stay in France or back in the UK.  There's also a Swiss possibility, but until the Brexit 'deal' is finalised and known then everything is up in the air - it's a right pain! 

    Pity I can't appoint someone to act on my behalf, though good to know everything can be done online if necessary.  I obviously don't want to have to travel back to UK just for a court hearing - that would cost more than the penalty charge!

    TBH it's also going to be a pain remembering to inform them of every change of address.  I understand they have 6 years to chase me so goodness knows how many addresses I'll have during that time!

    Hypothetically, if I give them my new French address but then don't inform them of any subsequent change, what's the worst that could happen?  Obviously I wouldn't see any letters so would not know about any formal action, so would that mean a possible CCJ against me?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Not if they served it on a French address with no UK jurisdiction !!

    Not only have you used the legal word summons , you have also now used the legal word penalty , neither is applicable

    Court claim and PCN or invoice will suffice

    You can appoint a lawyer to act on your behalf , like many claimant parking companies do , but it would cost you far more than the PCN itself , so not viable . Now if the family member was a qualified lawyer ?? Then maybe so 

    Be careful what you wish for 😜
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