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Very late (4 years) arrival of PCN for hired vehicle

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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    But @Umkomaas, this guy already has a County Court Claim to respond to. 

    @Againstallfrauds, you need to be concentrating on creating and filing a Defence.
  • Umkomaas said:
    1. I sent the SAR to the parking company and co[ied the legal team (DCB L) as advised and received the following response:
    we write to inform you that this case will not be put 'on hold' and will continue to proceed as normal. As such, all deadlines stipulated by the Court must be adhered to.
    Did you tell them that despite disputing that any debt exists, nonetheless you are seeking debt advice and requiring them to place the case on hold for at least 30 days, as per the Pre Action Protocol for Debt Advice (PaP). If you didn't, that's why you received that response. 

    Yes, I did. Shall I counter referring the link you just posted?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Umkomaas said:
    1. I sent the SAR to the parking company and co[ied the legal team (DCB L) as advised and received the following response:
    we write to inform you that this case will not be put 'on hold' and will continue to proceed as normal. As such, all deadlines stipulated by the Court must be adhered to.
    Did you tell them that despite disputing that any debt exists, nonetheless you are seeking debt advice and requiring them to place the case on hold for at least 30 days, as per the Pre Action Protocol for Debt Advice (PaP). If you didn't, that's why you received that response. 

    Yes, I did. Shall I counter referring the link you just posted?

    No. Don't bother. You are past that point.

    If you read that post on the NEWBIES thread properly you will see that sending that email is suggested after receiving a Letter of Claim - not after receiving the Claim itself.

  • So is the SAR to the parking copany useless and will not be responded to either?

    I therefore will have no defence as the PCN happened more than 4 years ago and I will have no evidence to support me against their claim except what I will receive from the hiring company.
    Namely when I read the following:
    If you are admitting to driving, you will be talking about what the Defendant saw or didn’t see, in terms of the signs, whether it was dark, whether the signs were obscured by a tree, really small, broken or not lit? etc. Or maybe the signs about inputting your VRM were not conspicuous, or maybe this was a fluttering ticket situation, or maybe the machine made an error in your VRM (never assume the driver made a typo, unless clearly the driver, say, input their other car VRM or something).

    I have no evidence or recollection of what occured !


  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Who said anything about not sending a SAR to the parking company?

    You do need to send a SAR to the parking company. Where did you read anything to the contrary?
  • Againstallfrauds
    Againstallfrauds Posts: 35 Forumite
    Fourth Anniversary 10 Posts
    edited 14 January 2021 at 10:14PM
    I misunderstood because sending the SAR is just above the paragraph mentioning sending a letter to the legal team.

    Should I worry that the parking company has not acknoeldge reciept yet? 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 14 January 2021 at 10:24PM
    Should I worry that the parking company has not acknoeldge reciept yet? 
    No. The Data Protection Act allows them one calendar month to respond.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 14 January 2021 at 10:39PM
    the defence is pre written by coupon mad and all you have to do is alter 2 paragraphs

    it is unlikely that the PPC will respond before the defence is due, the SAR is more useful for your witness statement in several months time

    DCBL wont place the matter on hold if a court claim has been issued, hence the reply you received from them

    you should get on with drafting and honing your defence, or you will fail
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Stop stressing about the SAR which will be useful later. 

     Same as all the other same old same sold... same old... same old... exact same (nothing special about any case) court threads. 
    Read a few - we read dozens...every day.

    Crack on with your easy peasy defence, adapting in a few minutes, the TEMPLATE DEFENCE.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Indeed, I dont know why you are struggling

    The newbeis thread gives a workflow for you to follow. A SAR is useful regardless, because it gives you documents you dont have. 
    So why do you think this wouldnt help?
    Of course you cannot deny a debt and get it put on hold, because thats for a LBC and not once you have a court claim. This is obvious if you think it through - this is a COURT process. Nothing to do with the solicitor, so the solicitor cannot put it on hold.
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