Old PCN resurfaced

ShirlsP

Hi all

i had a PCN back in June 2018 to which I received 7 letters in total (including debt collectors). Nothing ever came of it and now I have another letter from the debt collector. 

The legislation on PCNs isn’t the easiest to read but I think I have surmised that the issuers have to issue the PCN within 28 days of the offence. Is that correct?
thank you 

Umkomaas

Is this the CEL ticket where you won your court case, with £140 awarded to you in costs ....... or a totally different one?

If a different case, which PPC is involved?  But you do know that you can ignore debt collectors with impunity, you only need to take note of a LBC or real court papers from the Northampton CCBC. 

Coupon-mad

No, but the NEWBIES thread tells you what the POFA really says and that a PPC does'nt have to abide by it if they choose not to.

It also tells you (in the 4th post) to ignore debt letters, and how to defend a court claim if you get one within the 6 years allowed in this Country.  2018 is nothing, we have people currently defending court claims from 2015 PCNs.

Which PPC is it (acronyms all explained in the NEWBIES thread, which I never link as my signature tells you where to click...).

Redx

ShirlsP said:

Hi all

i had a PCN back in June 2018 to which I received 7 letters in total (including debt collectors). Nothing ever came of it and now I have another letter from the debt collector. 

The legislation on PCNs isn’t the easiest to read but I think I have surmised that the issuers have to issue the PCN within 28 days of the offence. Is that correct?
thank you 

No it is not correct , plus POFA is not mandatory and there is no other legislation about private parking charges , yet

You have

The GDPR , mandatory
The CRA 2015 , mandatory
The Equality Act 2010 , mandatory
POFA 2012 , not mandatory

The Private Parking bill 2019 by Sir Greg Knight MP, still being formulated into a mandatory CoP by the BSI and Mhclg

ShirlsP

Umkomaas said:

Is this the CEL ticket where you won your court case, with £140 awarded to you in costs ....... or a totally different one?

If a different case, which PPC is involved?  But you do know that you can ignore debt collectors with impunity, you only need to take note of a LBC or real court papers from the Northampton CCBC. 

This is a different one that happened a month or so before the other. 

The company is MET parking services. 

ShirlsP

Redx said:

ShirlsP said:

Hi all

i had a PCN back in June 2018 to which I received 7 letters in total (including debt collectors). Nothing ever came of it and now I have another letter from the debt collector. 

The legislation on PCNs isn’t the easiest to read but I think I have surmised that the issuers have to issue the PCN within 28 days of the offence. Is that correct?
thank you 

No it is not correct , plus POFA is not mandatory and there is no other legislation about private parking charges , yet

You have

The GDPR , mandatory
The CRA 2015 , mandatory
The Equality Act 2010 , mandatory
POFA 2012 , not mandatory

The Private Parking bill 2019 by Sir Greg Knight MP, still being formulated into a mandatory CoP by the BSI and Mhclg

So I am a little confused as the citizens advice bureau states the following, which is also what I thought I had read in the legislation on PCNs

“ If a notice to driver wasn’t left on the car, the parking company has to send a Parking Charge Notice to the registered owner - this is called a ‘notice to keeper’.

The notice to keeper must be delivered within 14 days after the last day of parking. If the notice to keeper isn’t delivered to you in time, tell the parking company you don’t have to pay the charge.”

Coupon-mad

Why not just read what the NEWBIES thread tells you about the POFA and the fact PPCs can choose not to use it?  The forum already answers this Q.

Redx

ShirlsP said:

Redx said:

ShirlsP said:

Hi all

i had a PCN back in June 2018 to which I received 7 letters in total (including debt collectors). Nothing ever came of it and now I have another letter from the debt collector. 

The legislation on PCNs isn’t the easiest to read but I think I have surmised that the issuers have to issue the PCN within 28 days of the offence. Is that correct?
thank you 

No it is not correct , plus POFA is not mandatory and there is no other legislation about private parking charges , yet

You have

The GDPR , mandatory
The CRA 2015 , mandatory
The Equality Act 2010 , mandatory
POFA 2012 , not mandatory

The Private Parking bill 2019 by Sir Greg Knight MP, still being formulated into a mandatory CoP by the BSI and Mhclg

So I am a little confused as the citizens advice bureau states the following, which is also what I thought I had read in the legislation on PCNs

“ If a notice to driver wasn’t left on the car, the parking company has to send a Parking Charge Notice to the registered owner - this is called a ‘notice to keeper’.

The notice to keeper must be delivered within 14 days after the last day of parking. If the notice to keeper isn’t delivered to you in time, tell the parking company you don’t have to pay the charge.”

Then they are wrong , as we expect them to be

POFA is not mandatory , as I clearly stated in my post , it has never been mandatory for any company

The parking companies have 6 months to obtain keeper details

Ask the CAB which legislation states that POFA is mandatory for all companies , don't ask us because we know it's not. It should be mandatory , but only parliament can make it so

You were pointed at the newbies FAQ sticky thread for good reason , it's correct and up to date

ShirlsP

So if they have only 6months to obtain my info from the DVLA (which they did) but have now done so again as they have written to my new address, where do I stand with that? Have my details been obtained illegally now the 6 months have passed?
thank you

Coupon-mad

They haven't asked the DVLA again (they never would and are not allowed to).  They've done a soft trace (= allowed and doesn't show on your credit record).

You need to confirm the new address is correct and tell them to ERASE the old one, like everyone else does in the same situation (we see it here a lot).    Luckily it is only MET who have never sued anyone but you need to be sure the old address is 'erased' so you never miss a letter, just in case.

To see the tedious debt collector letters that we don't want anyone to post about (ever...please) see post #4 of the NEWBIES thread for pics of people's collections.

Redx

As above , they are legally barred from reaccessing the DVLA database , so have used a tracing service instead , very common