Parallel Parking PCN - no ticket

Coupon-mad

Nope.

They don't have to cite that they are "claiming under PoFA schedule 4" & they don't have to use the word 'creditor' to (by virtue of the demand asking for monies to be paid to them) identify the creditor. Clearly they are identified.

We wasted time discussing this non-point only a week ago:
https://forums.moneysavingexpert.com/discussion/6500465/gemini-ntk/p2

...so let's get this thread back on topic.

Debszzzz2

But this issue isn't just the failure to specifically identify or even use the word "creditor" in the NtK. The issue of not even identifying which paragraph of Schedule 4 there are relying on, never mind not even mentioning PoFA at all is an issue that should be raised in any appeal and certainly be raised if it goes to court.

In situations where the NtK does not explicitly mention PoFA or identify the specific paragraph from Schedule 4 it is relying on, it must raise questions about compliance with PoFA to hold the keeper liable.

PoFA sets out specific conditions that must be met for a NtK to hold the keeper of the vehicle liable for the parking charge in cases where the driver's identity is unknown. Depending on the circumstances (whether it is based on a windscreen NtD or ANPR NtK), different paragraphs of Schedule 4 of PoFA apply.

If the NtK does not clearly indicate the legal basis under PoFA for holding the keeper liable, it must weaken the creditor's ability to enforce the charge against the keeper. Without knowing upon which paragraph the creditor is relying on, never mind the fact that it does not even state that it is relying on PoFA at all, it should be argued that the NtK fails to comply with the requirements of PoFA, thereby leaving them unable to shift liability from the driver to the keeper.

In this case, any RK receiving a NtK that either does not state that the creditor is relying on PoFA, in particular which paragraph of Schedule 4, has grounds to challenge its validity. Why would you not include this argument when either appealing or, more importantly, defending a claim based on it?

Huffnagel

Sorry, I need to steer this back to topic.

See the LBC from Gladstones below. So the next step is to use their email address and send them a reply based on the template in the newbies thread? Then just wait?

Although I will change the template's wording, because first of all I don't need any independent debt advice as I don't admit any debt in the first place. And also their letter states that it is on the basis of "losses as a result of non-payment" which is a false claim as I had paid them at the parking machine and I can prove it.

If I email my reply to them, how long till I get a letter to pull me into court? Will they just keep bombarding me with ridiculous letters over the course of a year before they finally do it?

KeithP

Huffnagel said:

If I email my reply to them, how long till I get a letter to pull me into court? Will they just keep bombarding me with ridiculous letters over the course of a year before they finally do it?

'Over the course of a year'?

They have six years to decide whether or when to bring a case to court.

You could write to them and tell them to get on with it but that's about all you can do.

Huffnagel

Hilarious. Is it to give me enough time to get a law degree?   
So this is why they threaten me that they stick something in my credit record for 6 years? If that's all they can do, be my guest, I don't live off borrowed money anyway. The only thing that would make me worry if the court case showed up in future DBS checks.

Coupon-mad

Huffnagel said:

Hilarious. Is it to give me enough time to get a law degree?   
So this is why they threaten me that they stick something in my credit record for 6 years? If that's all they can do, be my guest, I don't live off borrowed money anyway. The only thing that would make me worry if the court case showed up in future DBS checks.

But you know how to deal with a court claim if one arrives (and that you can't get a CCJ if you follow our advice) because the NEWBIES thread tells everyone.

Obviously don't move house without telling them to erase the old address.

Huffnagel

Thank you. I am going through the threads to see what's coming but it's a slow process.

Also, the newbie thread keeps mentioning we should complain to the landowner.

Unfortunately my case is not so simple as this is a derelict land around a boarded up property. I have started my investigation, and the landowner is a limited company with two individuals named as "directors". No postal address on their register other than a residential address a few miles down the road from the car park is. I guess I can't just knock on the door for an appointment.

Anyway, I will phrase my email to Gladstones this week.

Coupon-mad

You can send a complaint by post to the Directors.  I would.

Huffnagel

Thank you. I've done it.

Sorry, just one more question, I don't want to litter the newbies thread:

2. With regard to the principal alleged PCN sum: is this damages, or will it be pleaded as consideration for parking?

What does this mean in plain English? The LBC does say "Client's losses" which is "damages" in my understanding.