DCB Legal Letter of Claim

DisruptiveLad

I'm lost friend. 

Boat_to_Bolivia

DisruptiveLad said:

I'm lost friend. 

You need to read the wording very carefully.

It really is a case of spot the difference....but you need to read it word for word.

DisruptiveLad

What SHOULD the notice say? What are the explicit differences between the Notice and the Schedule? What wording nullifies the Notice?

DisruptiveLad

Have you spotted the difference?

Boat_to_Bolivia

B789 said:

Spot the difference:

Scammer says:

If, after a period of 28 days (beginning with the day after this Parking Charge is given), the amount requested in this Parking Charge has not been paid in full (or we have not been informed of the driver's name and current address), you, the registered keeper, will, subject to the conditions of, and under the terms of Schedule 4 of the Protection of Freedoms Act 2012, be liable to pay the unpaid Parking Charge. Blah blah hired vehicle...

If you fail either to notify us of the driver's details, or to pay UKPC (the creditor) the full amount requested in this Parking Charge within 42 days of the date of this Parking Charge, we may have a legal right to recover the full amount of this Parking Charge from the registered keeper.

PoFA 2012 S4 p9(2)(f) says:

You are advised that if, after 28 days from the date given (which is presumed to be the second working day after the date issued), the parking charge has not been paid in full and we do not know both the name and current address of the driver, we, PPC NAME (the creditor) have the right to recover any unpaid part of the parking charge from you. This notice is given to you under paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under Schedule 4 of the Act.

@B789 has already kindly supplied you with the different wording.

And yes I can spot the difference..even though I'm a sandwich short of a picnic.

(Can I say that these days? I suppose I'm only insulting myself, so surely that is ok?)

DisruptiveLad

Is this what they should have put, but didn't? 'This notice is given to you under paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under Schedule 4 of the Act.'  Please don't insult yourself, you are helping me greatly and it's appreciated. 

Fruitcake

42 is the answer to Life, The Universe, and Everything, except that it does not appear in the PoFA.

The PoFA defines when the NTK is presumed to have been given; the NTK does not. How would a motorist, or a judge know when the notice is presumed to have been given? Is it a day, a week, a year, a millennia after the issue date, or something else?

Coupon-mad

DisruptiveLad said:

Is this what they should have put, but didn't? 'This notice is given to you under paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under Schedule 4 of the Act.'  

Nope that's not what paragraph 9(2)f says they have to state.

DisruptiveLad

Do we write back and say their PCN, dated July 29, is not compliant with the PoFA, alongside the fact the pictures of the vehicle are not location stamped and come without any signage?

TreeofLife

My thoughts on challenging PCNs:
The number of people asking for advice
The number of people giving advice
The advice given seems to have been honed over time by many people who end up having expert knowledge of exactly how to challenge PCN
Is it therefore the case that something as everyday as an innocent mistake regarding parking one's car, one has to have a degree in law, dedicate hours of time to read through and understand the advice, respond in a precise way at each step, rely on the goodwill of others, in order that justice is served?

IMO, if you want to know why this country for years has suffered from poor productivity, well look no further.  It would be a joke, if it weren't for the fact that it ACTUALLY matters.  We need to be more productive and systems need to work well and fairly and not frustrate the living daylights out of us all (and the rest).