On behalf of my Mum - DCBLegal - letter of claim

Coupon-mad

we have two, Mum has one and Dad has one - all related to the same car park.

Presumably in the 2 cases, the registered keeper was not necessarily driving?  I don't think UKPC used POFA wording in 2016 but it's hard to be sure, so when Mum and Dad both get their SARs from UKPC< check the postal PCN wording. 

They could also delay the cases by slowly replying to each letter about 28 days after each one, stringing it out and asking things like 'is UKPC relying on the POFA because I don't believe I was the driver in 2016, please send me all their evidence so I might ascertain the driver from any images, and also clarify whether your client thinks their Notice to Keeper was fully POFA (Schedule 4) compliant.

sickofppc

Redx said:

A lot of PPC PCN s can be seen off with the following

Plan A , a landowner or retailer or managing agent complaint
Plan B , an appeal as keeper , not dobbing in the driver
Plan C , a POPLA appeal , or sometimes an IPC IAS appeal
Plan D , civil court

Ignoring any PCN is foolish , as can dobbing in the driver

Yes - foolish indeed.

I'll re-read the Newbies thread again to see what I can do in terms of Plan B and C.

Landowner is NHS housing, and they won't have any interest in cancelling this, especially as I have the signed document of them contracting with UKPC to ticket cars there (from previous evidence gathered for appealing the CCJ we received).

Not sure we can appeal with UKPC after 5 years as the keeper?

I'm going around in circles here....I'll read the Newbies thread again!

sickofppc

Coupon-mad said:

we have two, Mum has one and Dad has one - all related to the same car park.

Presumably in the 2 cases, the registered keeper was not necessarily driving?  I don't think UKPC used POFA wording in 2016 but it's hard to be sure, so when Mum and Dad both get their SARs from UKPC< check the postal PCN wording. 

They could also delay the cases by slowly replying to each letter about 28 days after each one, stringing it out and asking things like 'is UKPC relying on the POFA because I don't believe I was the driver in 2016, please send me all their evidence so I might ascertain the driver from any images, and also clarify whether your client thinks their Notice to Keeper was fully POFA (Schedule 4) compliant.

Thank you Coupon-mad.

Yes, presumably so...I mean, these were all in 2016. Who knows who was driving and what period it was for (no period just time of contravention), the car could have been in the grace period (this is a future possible defence angle).

I think they did. I have a SARS from our personal tickets received and I can see that they used wording on the first notice send, after 28 days.

It says in a June 2015 copy (which is pdf btw - easily editable in my opinion!):

 "If, after a period of 28 days, (beginning with the day after this Notice is given), the amount requested in this

Notice has not been paid in full (or we have not been informed of the driver’s name and current address) you,

the Registered Keeper, will, subject to the conditions of, and under the terms of,Schedule 4 of the Protection

of Freedoms Act 2012,be liable to pay the unpaid Parking Charge."

I was thinking about this too, and I'm assuming you mean this would be to their legal representatives and not DCBLtd, which we have ignored so far as per the Newbies thread.

Coupon-mad

Well maybe wait till DCBLegal get involved but TBH I would start slowly responding to DCBLimited (debt recovery chancers) to ask them questions and delay the case, stopping them from passing it to DCBLegal too soon.  You never know, it might get timed out next year (6 year limit for a court claim to be filed) if Mum and Dad SLOWLY respond now to each letter after 28 days each time, asking for something else.

sickofppc

ok cool thanks! I was never going to reply to them, and we were thinking of just denying the debt and telling them to appoint it back to UKPC, but I thought this would push forward LBC.

perhaps I'll start with:

1. them providing evidence - they will tell me to SAR UKPC, signs - should there also be a deed of assignment? i.e. UKPC selling the debt to DBCLtd?
2. break down of the amount (£160)
3. POFA ramblings

Are there any other time wasting questions you think would help?

Do you think I should let DCBLtd know my Mum's change of address, as well as when we do this with UKPC when completing the SAR? She'll have a mail forwarding for 3-6 months, so I have around 6 weeks to do this for her once she has a utility bill.

Thank you again  

Coupon-mad

Yes, as one of the slow replies tell them about the change of address, in fact do this first.  

Then whatever you can think of that you want to see as evidence each time, always delaying replies to the last day.  Start some email tennis in Mum's name, set up an email address for this case with her name and it and you can do the replies for her if you want (in her name).

sickofppc

Coupon-mad said:

Yes, as one of the slow replies tell them about the change of address, in fact do this first.  

Then whatever you can think of that you want to see as evidence each time, always delaying replies to the last day.  Start some email tennis in Mum's name, set up an email address for this case with her name and it and you can do the replies for her if you want (in her name).

thank you I'll do that.

As I have one for Dad (they are divorced) and two for us (£320), would you suggest doing the same here? All from same time around 2016. Lots of questions to them?

Would you also suggest stating that the debt is denied and somewhere in the correspondence, not knowing who drove the car at the time 5 years ago? All very nonchalantly? Then keep them busy with worthless drivel? 

sickofppc

random question - is a deed of assignment applicable with PPC's? 

Coupon-mad

No it's not, they are not allowed to assign debts and they have not.

Yes Dad should do the same but you could be the sender of the emails behind the scenes.

sickofppc

got it thanks I 'll do it for all three separate parties electronically.