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5 year old PCN turned up

Hello everyone. 

I have had a read through the newbie section and I have a good idea in what to do. 
The PCN dates back to 2017 and the letter has turned up from Gladstone. They are claiming £170.00 that includes alleged costs for tracing me. The address they have is an old one  and even then the address they sent the letter to was also old but I have a redirection with RM.  
The car is question was a type of lease car through work. It was not registered to myself but as part of the T’s&C’s I was the legal owner but not the registered keeper. This was so the car could be sold on through the dealer network as ex demo type car. 
The letter does not have much information on regards what the PCN is for.  No times, yellow line parking etc absolutely nothing other than they reckon they have evidence to support a court claim. The only thing I know is it was a Saturday at a retail park in Merseyside. Ive never received and NTK letters etc nor recall any conversation about a ticket being on the car so I’ve been none the wiser. As the alleged parking issue is from 2017 it’s very likely sign posts have been made more visible than at the time so I doubt I could use them as evidence. 

So would this be a case of submitting a SAR to the parking company and then informing Gladstone that I have submitted the SAR?  I have spoken to the retail park and the guy based at that site had said I was probably the 30th person to call that week and he was logging it and reporting back to his boss. He said they guys based on that site are fed up of having to deal with the aggravation the parking company is causing. The land owner does not really have any contact information and their website is full of what I would call corporate nonsense. 

If anyone has some further pointers On information to read up on etc. I would be more than grateful. I don’t mind spending some time in the local county court but the work I’m in I can’t really afford the messing about with a CCJ




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Comments

  • Fruitcake
    Fruitcake Posts: 59,481 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 18 May 2022 at 10:08PM
    Send the SAR to the DPO of the parking company asap. Include proof of non-photo ID with the request such as a copy of the LBC plus a redacted copy of a utility bill or bank/card statement.

    Do you know the date of the alleged event? Your plan is to get this past 6 years when it will become statute barred.
    This is the third one from this company concerning PCNs from nearly six years ago for hire/lease vehicles, so they are having a last gasp attempt at extorting money.

    As close to the 30 day response deadline given on the LBC as possible, send the standard instruction to the solicitors saying that although you deny the debt, you are seeking debt advice and therefore require them to put the case on hold for 30 days as per the pre action protocol.

    The response to your SAR should include a copy of the NTK. As soon as you get it, respond telling Defence Watch that this is a hire/lease vehicle and you are the hirer/lessee in accordance with the Protection of Freedoms Act (PoFA) 2012, and as hirer/lessee they have failed to provide you with a PoFA complaint Notice to Hirer (NTH), therefore you cannot be held liable.
    As a result, they should immediately halt proceedings and instead issue you with a PoFA complaint NTH.

    One of two things will happen.

    Either,
    They will send a NTH meaning you will be able to appeal and get this past the six year mark.

    Or,
    They will issue a claim where you will defend as hirer/lessee.

    It is imperative that you never reveal the driver's identity. After all, it is unreasonable to believe that you could remember who was driving on an unremarkable day nearly six years ago.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • The date is May 2017. So I might have to drag it out somewhat to get the 6 years. 

    When I spoken to the guy at the retail park he told me the parking company had changed hands and they have gone mad on old PCN’s   

    Also on the back of the LBC it says request a paper copy of information. What info would this be and is it worth asking for it? 
  • Fruitcake
    Fruitcake Posts: 59,481 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ah, okay, but your best defence is still as hirer/lessee since the PPC will have failed/will fail to provide a PoFA complaint NTH.

    You don't need paper copies of anything from the solicitors.

    You do want to send the SAR to the PPC to see what information they hold about you, and why they think you are liable.

    You should still send the 30 day hold instruction to Gladrags to ensure you get the response back from the SAR before they issue a claim.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Spot on. I’ll make a start on the SAR. Would that best to be sent via  email or post. The registered office isn’t too far from myself. But the PO Box is Exeter. 
  • Fruitcake
    Fruitcake Posts: 59,481 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Email will be quicker. Send it to yourself as well. You can always send it by post as well if you wish, first class from a Post Office counter, making sure you obtain the all important free proof of posting.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Cheers. I’ll do both as then they will have no excuse to not reply to my request. What kind of time frame do I have to give them for the SAR to be returned?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Cheers. I’ll do both as then they will have no excuse to not reply to my request. What kind of time frame do I have to give them for the SAR to be returned?
    The Data Protection Act gives them a whole month to respond to a SAR.
  • Cheers guys for the help. i will keep this thread updated 
  • Le_Kirk
    Le_Kirk Posts: 25,078 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Whilst corresponding with the DPO (unless you have already done it) send them a Data Correction Notice informing them of your correct address for service, requiring them to ERASE your old data and to inform all and any of their agents and sub-contractors of same.  Also make sure that your employer knows your address for service - you don't want a default CCJ because post went to the wrong address.
  • Just a little update. 

    I’ve had an email back from the DPO at The parking company and they said it can take 30 ish days. 

    Next step is to speak to the solicitor and inform them of the advice above.  
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