No PCN, no evidence, Debt Collection Notice only

PKingDog

Hi,
In August I received a Debt Collection Notice regarding an alleged incident of unauthorised parking at the beginning of July. This is the first I'd heard about it, and no evidence of the incident (photo etc) was supplied. 
Following advice on this forum, I emailed both the business (where the incident is said to have taken place) and the parking company (not the debt collectors) to complain that they had not supplied a PCN / evidence, or given me any opportunity to either appeal or pay any fine. (Without a PCN number it wasn't possible to go through the appeal process on the parking company website, so I had to send this to a general email address).
I also pointed out that if the Debt Collection Notice was supposed to constitute a Notice to Keeper, it has failed to meet the obligations of Schedule 4 of the POFA Act 2012 in that it arrived late.
The parking company has only responded to say they can confirm the initial letter is deemed as served, and as this has been handed on to the debt collectors, they won't provide any further response. I have now received a second, follow up Debt Collection Notice.
Not sure what to do next and am concerned that the fact I have never seen a PCN or any evidence won't constitute a defence if this goes any further?

Nellymoser

If your current address is not registered with DVLA this could be reason early letters were not received. Does your V5C document show your present address?

PKingDog

Thanks, Yes, the vehicle was registered to my present address. I assume this is how the debt collection company were able to issue the Debt Collection Notice? Must have got my details from the DVLA?

PKingDog

I should add (in case it is relevant) I no longer own this vehicle, having part-exchanged it shortly before I received the first Debt Collection Notice (i.e. I was completely unaware their was any issue attached)

Coupon-mad

Not relevant I'm afraid.

Which parking firm?

Scotland or England?

Obviously you know from reading the 4th post of NEWBIES PLEASE READ THESE FAQS FIRST to ignore £170 debt demands.

But the missing PCN could be down to not updating your VRM address, as stated by @Nellymoser.

Unless the PPC was Smart Parking, who reportedly play this game all the time (loads of threads about them not sending PCNs first, and what to do about it). 

PKingDog

Parking firm is NForce Parking Management and it's in England.

Shouldn't the PCN have arrived before the Debt Collection Notice though? If this was delivered to my address, why not a PCN? Can I ask the parking company to resend, or to demonstrate it was sent in the first place?

Coupon-mad

 I assume this is how the debt collection company were able to issue the Debt Collection Notice? Must have got my details from the DVLA?

No.  We were concerned your DVLA address wasn't up to date.  DRAs can trace addresses separately with Credit Ref agencies so we thought the PPC had used an old address they got from the DVLA, then the DRA did an address 'trace'.  Happens a lot.

Can I ask the parking company to resend, or to demonstrate it was sent in the first place?

Yes you can ask for the PCN to be reissued but I thought you'd already tried that.  Don't expect them to be reasonable. This is a rogue industry with no truly fair 'appeals' scheme anyway.

Are NForce in the BPA or the IPC AOS?

PKingDog

They are IPC AOS, I believe. 

I have asked them once to provide me with the evidence I would expect to receive as part of a PCN, but I haven't tried asking them to reissue the PCN they claim to have sent me. Not that I am expecting them to comply, but would it at least demonstrate that I am doing what I can to respond to them (short of co-operating with the Debt Collectors)?

Coupon-mad

Yes.

Quote the new (awful) joint BPA and IPC Cop which was published in June.  There is some self-serving vaguely written lip service clause in that work of fiction, about resending PCNs and letting people appeal if they 'can show' that they did not receive the PCN.

PKingDog

OK, thanks for this, much appreciated. Any advice on where I might find the joint BPA and IPC Cop? I will give this a go. 

KeithP

PKingDog said:

Any advice on where I might find the joint BPA and IPC Cop?

On one or both of their websites might be a good starting point.