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

Coupon-mad

I then received a follow-up letter saying that "The court ordered that unless the claimant sent a reply to the defence which contains full particulars of this claim to the defendant and the court by 4 PM on 9th April 2021 the claim will be automatically struck out"

Jolly good - which court ordered that?  Fantastic!

Ignore their attempts to contact you.  What they are after is either to trick you into talking to them and saying who was driving, or to offer you a settlement, hoping you are silly enough to pay them something to make it go away.  They are doing this out of desperation, before they will probably discontinue this claim or let it be struck out, because their client CP Plus has no cause of action against a registered keeper due to their choice not the use the POFA.

Ignore them and block their phone number.  Sit tight and see what the court say has happened, when you ring them (the court) for an update next week!

Againstallfrauds

Coupon-mad said:

I then received a follow-up letter saying that "The court ordered that unless the claimant sent a reply to the defence which contains full particulars of this claim to the defendant and the court by 4 PM on 9th April 2021 the claim will be automatically struck out"

Ignore them and block their phone number.  Sit tight and see what the court say has happened, when you ring them (the court) for an update next week!

Thank you Coupon-mad. I have more info that may be against them but for the time being I shall stay put and see what happens.

Thank you again.

Againstallfrauds

Coupon-mad said:

I then received a follow-up letter saying that "The court ordered that unless the claimant sent a reply to the defence which contains full particulars of this claim to the defendant and the court by 4 PM on 9th April 2021 the claim will be automatically struck out"

Jolly good - which court ordered that?  Fantastic!

So, apparently their defence statement just came through their letter box. Just in time !

What is the best way for you guys to advise? Shall I upload the scanned documents to some portal?

SayNoToPCN

No, the particulars of claim came through. They never produce a defence statement as they are the claimant!

Yes, upload to somewhere. Or take pictures and paste them as photos. Full particulars should not be too many pages, so i suggest you paste as photos, that way people who cannot follolw links to dropbox etc can see them

Coupon-mad

Do you mean the Reply to Defence that the Order required?

Againstallfrauds

Coupon-mad said:

Do you mean the Reply to Defence that the Order required?

Yes...facepalm...

Againstallfrauds

Hello all, I uploaded the jpegs here https://ufile.io/f/mz3pj (pages 1-10) and here https://ufile.io/f/zw7rc (pages 11-14).

This is the reply to the defence.

In the beginning is the actual defence and then exhibits showing how all the signs were visible etc and at the end copies of the letters that they sent to my old address (but I never received as I had moved by that time).

Umkomaas

There are too many requirements on that hosting site to commence access to any of your documents. Can't you set them up in Dropbox?

Againstallfrauds

My apologies. Dropbox has somehow blocked me and I cannot use it.

Are the following links more convenient? Please let me know.

https://ibb.co/TRnsPmv

https://ibb.co/C21TTXQ

https://ibb.co/HPt7Z02

https://ibb.co/dKmpx0J

https://ibb.co/GtYp9qc

https://ibb.co/pPHY2bQ

https://ibb.co/GQR3sJj

https://ibb.co/SPPRLtW

https://ibb.co/c2cHLp8

https://ibb.co/4gmZCck

https://ibb.co/Z8rC8px

https://ibb.co/kGbzLxb

https://ibb.co/7484yyn

https://ibb.co/bJ4sBQd

Againstallfrauds

Here is an update to the case

Reminder: Intial offence 03 Febr 2016

As I previously said I contacted the DVLA with a subject access request to find out whether the claimant contacted the DVLA to obtain my details.

I cannot see a request to the DVLA soon after Febr 2016.

The closest chronologically is 26th April 2016 but this is from a different city council not related to this incident (I am now very worried seeing this report as so many people have asked for my data in the last few years).

However, CP Plus Limited never requested my details from the DVLA to date.

How did they find about me? Did they obtain the data from the hiring vehicle company? Or Travelodge? And if so how did they find about my new location 4 years later?

Travelodge following a SAR provided the following information 

From the records on their booking system you checked into the hotel at 21:15 on 03/02/2016 and checked out at 12:35 on 04/02/2016. 

I have received confirmation that the car park is not owned by Travelodge and is managed by CP Plus through the landlord of the property. 

The hotel have confirmed that there is a registration machine at their reception desk inside the hotel whereby customers enter their vehicle registration after parking. Due to the retention period of storing CCTV footage, this is no longer available and the hotel team do not have access to the information held within the system due to being managed by the third party. Therefore as I hope you can kindly understand, I am afraid we cannot supply you with confirmation of the time in which you entered your vehicle registration or if this was done. 

I also contacted CP Plus Limited with an SAR and received the following:

The vehicle was recorded on our client's property (they mention the times entering and exiting the car park). The duration of the stay exceeded the free parking period, and payment was not received for parking in excess of the free period.

Having checked the vehicle details with the Driver and Vehicle Licensing Agency (DVLA), we are writing to you because either you were the registered keeper at the time of parking, or the registered keeper has named you as the driver at the date and time of the event. 

 

In accordance with the Terms and Conditions clearly and prominently displayed and agreed to when your vehicle parked on our Client's property, the payment of ... is required within 28 days from the date of this Notice. We will accept the reduced sum of .....  if payment is received within 14 days i.e. before ..... If payment is not received within 28 days, an initial debt collection charge of £ ....         will be incurred.

Looking at the date the alledged letters were sent out I have:
 

Date of Notice 03/03/2016 (about 30 days after the "offence")

Date of Notice 21/03/2016 (2 more weeks after previous letter)

Date of Notice 07/04/2016 (2 more weeks after previous letter)

All the letters were sent to my old address by which time (of their first letter) I already left, hence never received and unfortunately not notified by my ex-landlord.

So, there is a discrepancy as they claim they contacted the DVLA to obtain my details, but the DVLA SAR says otherwise !