PCN sent to old address - missed appeal and landowner not helping

pja75

Even if it goes to court? I thought a CCJ would significantly affect your credit.

Edit: My bad, I see now that even a CCJ won't affect credit providing you pay it within a month of the court saying you need to pay. Good to know.

Coupon-mad

A CCJ does affect credit but to get one, you'd have to ignore a court claim!  You are not doing that.  Defending a court claim does NOT cause a CCJ, not even if you lost (because you'd then pay, less than £200 and it's gone). 

That's why every other thread here has someone defending quite happily!   Very rare for us to lose.  We take everyone through the easy steps to kill it off.  It's a 'scam' (so say MPs).  Fight back.

Fruitcake

When you send the data rectification notice for the keeper's change of address, instruct them to erase your old data.

In your complaints and postal appeal, why not refer to The Driver and The Keeper, who are two different people according to the law? Unless the vehicle only has one seat, it is quite possible for the keeper to have been an occupant of the car but not be driving.

pja75

Thank you. I have done that and sent my request to the DPO to rectify the address situation.

When I send my postal appeal, should I avoid mentioning the reason why the address was incorrect? I am concerned about them saying that it's my responsibility to ensure the DVLA have my up to date address and will use that as leverage against me. Should I just keep the facts simple, i.e "The letters were unfortunately sent to the wrong address, meaning I did not hear about the PCN until after the appeal window."

Coupon-mad

Don't refer to an appeal window.  Why shouldn't it be still open, in a case where they know a person was not properly served with the NTK and thus, hasn't had the opportunity yet?

In fact, go the other way and quote the best practice confirmed this year in the Parking Code of Practice and remind them the Government expects PPCs to implement and act in accordance with it.

You can find the relevant section.  The Code is well worth reading!

pja75

Thanks @Coupon-mad, I have looked through the Parking Code of Practice and in section 10 it says: Where a new address is discovered the notice of parking charge should be re-issued at the original rate but with a further 28 days from service for a response (payment or appeal).

This means presumably the letter I got sent should have been the original PCN and not a debt collectors letter.

Coupon-mad

No, it means best practice would be to do that...and in future, it will be mandatory once the new Code is actually implemented.  So you put it the way I said:

quote the best practice confirmed this year in the Parking Code of Practice and remind them the Government expects PPCs to implement and act in accordance with it.