PCN at debt collection stage

Richard_John_P

Hi everyone,

I have received a letter from a debt collection company stating that they are collecting a debt on behalf of Nation Parking Enforcement. I never received any PCN on the windscreen or any letters. The debt collection agency says that NPE have sent 3 letter and they don't have to prove that the letters have been sent and that the burden of proof is on me to prove that the letters haven't been received. Here are some of the details;

> The PCN date is from February.

> The PCN says that I haven't parking "wholly within a bay".
> Apparently it was issued from a camera and that's why I didn't received a ticket on the windscreen.
> The letter states that I have missed my opportunity to appeal.

> The vehicle is registered to a Ltd company.
> I haven't told them who was driving.

Is this a new tactic? The issuer says that they've sent letters, but actually don't and that way they can try to make more money? 

Either way, the "debt recovery company" isn't entertaining any dialogue and just want payment (as expected). Seeing as I've apparently missed any appeal period, is there any way to actually appeal this?

Many Thanks,

Rich

D_P_Dance

Have you read the newbies?  Have you complained to your MP?

Out of space claims are regarded by many jusdes as wasting court time, read this

https://en.wikipedia.org/wiki/De_minimis#:~:text=De minimis is a Latin,court refuses to consider trifling

Richard_John_P

Hey D_P_Dance, thanks for the reply. No I haven't complained to my MP. I shall get onto that, thank you! Shall I just wait for them to send me a court date then? Is there anything I can do in the meantime?

Many Thanks, Ruch

D_P_Dance

Read the newbies again, start on your defence. , Get a handle on de minimis.

Richard_John_P

Hi,

I have read the Newbies section but as far as I can tell, the only section relevant to me is the post entitled;

"'IGNORE THE DEBT COLLECTORS' STAGE"
Which basically say "don't do anything". Am I reading that correctly?
Many Thanks!

Le_Kirk

You need to discover why you did not receive any letters - not conceivable that three have been lost in the post!  Have you moved and failed to inform DVLA of your latest address by not updating your V5C (it is not enough to update your driving licence, they are not connected in the DVLA database).
Then you need to read about what to if/when you receive a letter before/of claim by reading the second post in the NEWBIE thread.

Castle

The OP's first post stated that the vehicle is registered to a Ltd Company.

Le_Kirk

Castle said:

The OP's first post stated that the vehicle is registered to a Ltd Company.

In which case the OP should be talking to that Limited Company to see if they have received the NTK(s).

Richard_John_P

Hi Le_Kirk, Thanks for your reply. I am the director of said Ltd Company. The debt collection company said that Nation

Parking Enforcement have sent 3 letters but I haven't received any. Could this be a new tactic to increase revenue? They said that they don't have any proof of postage, nor do they need any.

Going back to my original point, is there an course of action here or do I wait for them to take me to court?

Redx

Richard_John_P said:

Hi Le_Kirk, Thanks for your reply. I am the director of said Ltd Company. The debt collection company said that Nation

Parking Enforcement have sent 3 letters but I haven't received any. Could this be a new tactic to increase revenue? They said that they don't have any proof of postage, nor do they need any.

Going back to my original point, is there an course of action here or do I wait for them to take me to court?

the latter, apart from Plan A, that option is always on the table

meanwhile , gather your evidence for any court case, with a SAR etc to see where the NTK went and why and when, because the NTK would have gone to the entity listed on the V5C at the address given

in court, they only have to prove the letters were posted to the name and address on the V5c , thats it, they do not have to prove receipt

Johnersh

Lots of variables here: EG. If the company registered address is an accountant, the NtKs could well have gone there with a debt collector later deciding to write to the MD at his address.

You're not there yet, but a note for caution: the registered address of a company is always good for service under the provisions of the companies act unless a solicitor has been nominated. Monitor the post carefully.