PCN being pursued after 5 years and 7 months!

Sharmichem

I wonder if there is anyone who can help me. Please be kind to me, I’m brand shiny new! In July 2016 I travelled to a retail park and parked my vehicle in a disabled bay. I am disabled and have a blue badge. It’s only when I reached the shop - a good time later as I use crutches - when I realised that I hadn’t displayed my badge. By the time I returned to my vehicle I noticed that a PCN had been placed on my windscreen. I was furious with myself for forgetting to display my badge, frustrated that I had tried to return as quickly as possible but angry at the pain I was in in doing so. I specifically remember that the car park was devoid of vehicles, but more so that I couldn’t find any signage. I left the retail park in tears and didn’t know what to do. I kept waiting for any letters to arrive and didn’t receive anything until now, 5 years and 7 months later! I have received a letter, sent to my brothers address, and I believe a further letter has been sent to my home address. I am currently in France and will be here for the next 6-8 weeks. I can’t believe that I received nothing, until now, and despite knowing that the civil time frame limits are 6 years, I truly believe that this is an abuse of process. Does anyone know what my options are? This was a genuine error, I have never had a parking ticket, criminal or otherwise in over 40 years of driving.  Thank you. 

Jenni_D

They have 6 years from the date of the parking event in which to raise a court claim. 

1. If the letter is a formal LBC (which gives you 30 days to pay), send them the "seeking debt advice" letter
2. Send a SAR to the parking company. (Who is it? Full name please)
3. Contact the retailer/retail park management and demand that they instruct their agent (PPC) to cancel this PCN. (We call this Plan A). If they refuse to do so then advise them that you'll join them (with the PPC) in a disability discrimination claim under the Equality Act 2010

Other than this, read the NEWBIES FAQ thread.

Fruitcake

We (and you) need to know if you have received a Letter before/of Claim, or a Claim Form. If the former, tell them in writing that whilst you deny the debt, you are seeking debt advice and require the case to be put on hold.
If the latter, complete the Acknowledgment of Service on day 6 or as soon as possible afterwards to obtain the maximum time to produce a defence.

Get stuck in to Plan A, and complain to your MP as well.

The Blue Badge scheme does not apply on private land, so don't be angry with yourself for not displaying it. What does apply is the Equality Act 2010, as already mentioned.

Sharmichem

Thank you Jenni_D and fruitcake. The letter is from Gladstones Solicitor - a letter before claim and their client is Defence Systems Lts t/a Park Watch. They have given me the option of disputing the debt via a link on their website of which I have to create a login? Does this sound right? 

I will write, it will have to be an email as the French postal system is infamous for being really bad and I can’t assume that it will get there on time if, at all. 

In my correspondence with the the car park people do I give them the facts as I’ve stated? And do I tell them that the blue badges are not applicable on private land? I’m now on with plan a. 

Fruitcake

You tell them exactly what I said about denying the debt. That gets you an extra 30 days to work out what to do when the claim form arrives at the address the DVLA had on file at the time of the alleged event, unless you have moved since then, in which case you need to send a rectification notice to the DPO of the PPC and their solicitors telling then to erase your old address and replace it with your current address for service.
You also tell them that you have a disability and therefore have "Protected Characteristics" as defined by the Equality Act 2010, and put them on notice that they must, and should have at the time, provide "reasonable adjustments" for you in accordance with the Act.

It is reasonable to assume that a person who parks in an accessible parking space has a disability, and therefore a reasonable need to use an accessible bay, and a reasonable presumption that an occupant of the vehicle had protected characteristics in accordance with the EA 2010, and needed reasonable adjustments as defined by the Act.

Sharmichem

Thank you so much for your advice. Letter to the management company has been written, and I’m on with the SAR to Park Watch. In response to the solicitor do I ring them, or do I use the log in details that they have provided? The letter doesn’t give me the option of opening into written dialogue. I can email them, would that be ok? 

Redx

Never phone them , everything in writing , email is probably best

Coupon-mad

do I tell them that the blue badges are not applicable on private land? 

No, it is applicable if they choose to observe the BB scheme.

You tell them you WERE disabled and show your Blue Badge (attached but with the photo covered so it's not a full copy that a scammer could duplicate).

Also do as already advised, stating that you are seeking debt advice and require a 60 day hold (twice as long as the minimum suggested in the pre-action protocol) because you are abroad until xx date and are disabled, so you will then need additional time and qualify for a 'reasonable adjustment' extension of the usual minimum case hold time to seek the necessary debt advice before you will be able to respond more fully.  In the meantime here is a picture of your Blue Badge and they should tell their clients to cancel the charge immediately.

Sharmichem

Thank you for all your advice, I will update you as soon as I receive any further information. 

Coupon-mad

Don't just rest.  Now get your MP to complain on your behalf, to the parking firm and landowner.  Really urgent.  You must throw everything at it now. 

Sharmichem

Aw thank you coupon-mad. I’ve just prepared all my letters and they’re off in the post tomorrow. I’ve also sent emails so that matters don’t run away from me. I feel a bit vulnerable being in France, but I just can’t cut short my time here. I’ve emailed the solicitors, there was no facility within the letter to do as they asked. Time is of the essence although they have had nearly 6 years to get to where we’re at now! It’s so frustrating. Thank you for your continued support.