Helping out my folks with 2 PCN's. MOTO/Roadchef - CP Plus / DCB Legal

1505grandad

Is the D submitting any evidence?

Helpingmyfolks

1505grandad said:

Is the D submitting any evidence?

You mean claimant? They sent across a 31 page 'WS bundle' this morning.

Helpingmyfolks

Castle said:

Helpingmyfolks said:

Been reading through the forum like a madman last night. 

Essentially. Two parking charges from 21/10/2015 & 14/01/2016.
The vehicle was a lease in my parents name (used by a different family member). My parents moved property in March 2015 (seven months before the first PCN). DVLA were informed of the updated way before then but I think the Volkswagen (the lease company) were never informed of the address change...stupid I know.

So what relevance does Volkswagen have to this if your Father was the Registered Keeper?

I thought CP Plus got their details from the leasing company. I was wrong with that assumption

Helpingmyfolks

Thanks to another forum member, I have amended the POFA section to include:

9(2)The notice must—

(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; 

I have looked at the SAR documents and there is only three correspondence (Charge Notice, Charge Notice Reminder, Legal Action Pending). Essentially the same document, detailing the 'parking offence' and requesting payment.

The only correspondence we actually received was Letter of Claim (attached) which says the keeper is liable but as the PPC hasn't quoted paragraph 9f on the previous three 'Charge Notices', I am to assume they can't use POFA to pursue the keeper.

Coupon-mad

CP Plus can never hold a keeper liable until the ay when they start using POFA wording, which they never have, to date.

And please tell us you know about these other two threads (below) and have done both required urgent tasks?

I really hope you have done the Government Consultation by email and objected absolutely to ANY debt recovery fake 'costs' being added on top of a parking charge (of course) and told them what you think of them increasing charges to £130 instead of £100...which is already extortionate.

You have 5 days to do the consultation.  Please, please, do and do it by email so you attach evidence.  Spread the word, is closes within days, next week!

Also, I hope you've also registered for the Group Action, against the DVLA (open to anyone with a PCN since 2018?).  Gotta be in it to win it!  Nothing to lose, and it's genuine.

Read the threads about those important matters, they both need doing, right now, this week.

Helpingmyfolks

I have done that. Also wrote to the local MP to complain.
Everything's done now. Witness statement submitted, just need to wait for a date for the hearing