PCN Charge... What do I do?

Coupon-mad

They really need to distance themselves from this rotten festering pile of bad apples.

beefynet

Hi guys,
just received another letter regarding my PCN, also enclosed is a reply form for financial details  please see below,
What do I do next?  Any help would be appreciated.

Fruitcake

You could ignore it and wait for a court claim through the post from the CCBC.

Personally I would tell them that whilst you deny the debt, you require them to put the claim on hold for thirty days as per the pre-action protocol for debt claims whilst you seek debt advice.

Near the end of the thirty days I would then reply stating that their client, an unregulated private parking, does not have the right in law to send out penalty charge notices. 
In addition, you could ask by what legal authority has a £70 debt recovery fee be added since the PoFA does not permit it, the Supreme court in the case of Beavis vs ParkingEye stated that it cannot be claimed, and debt collectors such as Trace Recovery offer a no win no fee service, meaning that their client has not paid this spurious £70 fee to anyone, so cannot lawfully claim it back. To do so would be fraud, and for them to facilitate or assist their client in obtaining this fake add on spurious fee would be aiding and abetting their client to commit fraud, and you will report them to the Solicitor's Regulatory Authority if they continue to do so.
In addition, the UK Government Department for Levelling Up has stated that these fees are an attempt at extortion.

You should also state that UK MPs across all parties have called members of this unregulated industry rogues, scammers, and blood suckers, and you are surprised they have decided to get into bed with such a notorious group of unscrupulous companies that will drag their name down into the mire.

You do not under any circumstances fill in financial forms. There is no legal requirement to do so.

What has the landowner said in their reply to your complaints?

Have you complained to your MP about this unregulated industry yet?

Coupon-mad

Wow, they are so clueless they call it a penalty charge.

I would end your response to them:

What the heck are a proper law firm like you doing getting embroiled in the rotten parking industry that you clearly don't understand?

beefynet

What has the landowner said in their reply to your complaints?
I have tried without success to find the landowners.

Fruitcake, could I copy the statement you have written to reply them, obviously removing your comments.

Also, what are the chances of them coming after me again?

beefynet

Could this really go to court?
Due to the nature of my work I cannot afford to be involved in court action.

Coupon-mad

How so?

All parking charges could result in a small claim, potentially.

That doesn't affect financial advisers, if that's your line of business. I am guessing.

A court claim is not a CCJ.

It is nothing and does not show on your credit file unless you ignore it, which you won't.

Losing a defended claim (VERY RARE HERE) is no biggie and does not result in an automatic CCJ either.  If that was your worry, I'd suggest that you do need to re-read the NEWBIES thread 2nd post.  It tells you all about court, how to win and that you risk nothing by defending a small claim. No-one pays a scam PCN here.

Fruitcake

By all means use my suggestions as you see fit. You could include a link to this forum, and pick out a handful of threads that show how bad these companies are in general, or pick out a handful of threads about their client in particular.

This appears to be a company of solicitors that is new to the murky parking industry and may be operating in good faith, believing their client is a fine upstanding and honest company. They need a short sharp shock to make them aware of the lengths these companies will go to.

Their response will tell us if they are a decent company that has been duped, or have just decided to join the gravy train.

Edit,

I would also add that,

According to both UK parking trade associations, the British Parking Association (BPA), and the International Parking Community (IPC), Parking Control Management Ltd are not a member of either one, and according to Companies House, this company was dissolved in 2010.
Warn them that if they do not cease and desist, you will report them to the SRA for acting on behave of a dissolved company.

Their above Letter of Claim does not comply with the pre-action protocol for debt claims. Unless they issue you with a Letter of Claim compliant with pre-action protocol containing the full and correct name of an active company, their client cannot issue a claim against you in the county court.



Don't tell them the correct name of the company, just tell them that the company they named on official notepaper does not exist and/or is inactive. Let them do their own homework.

I suggest you also complain to your MP about this (solicitor's) company acting for a dissolved company and threatening you with court. Again, do not give the correct name.
In all correspondence, include a screenshot of the Companies House website for the entry against Parking Control Management.

You must be absolutely robust in your actions, and don't give 25.4 mm.

PARKING CONTROL MANAGEMENT LIMITED overview - Find and update company information - GOV.UK (company-information.service.gov.uk)

B789

beefynet said:

Could this really go to court?
Due to the nature of my work I cannot afford to be involved in court action.

@beefynet, what happened in your case?