G24 PCN 2019

Zowiezebra

I'm preparing my WS which is due in June, at the same time as the Claimants, and before the court fee is due so I unlikely I will have sight of theirs before I submit.

For the purposes of the WS I have a query about the legality of the PCN:-

1. NtD posted 2 days after the alledged incident in 2019.

2. It names me as the driver. I was also the RK at the time. According to the wording of the PCN I named myself as the driver. I didn't of course. I had no communication with the Claimant at the time of the alleged incident.

3. There is no photographic evidence of the driver.

4. No evidence a NtK was sent.

5. The PoC states they are pursuing me as both the driver and the RK.

Do they have the legal right to do this?

Is there any case law I can refer to?

Is the NtD PCN PoFA compliant given that I didn't supply my own details as the driver?

Car1980

Can you tell us the specific dates in June?

G24 / DCB Legal cases never get to a hearing. So you can choose to do your WS and then pursue costs when they discontinue, or you can wait and save yourself the bother if we can see the dates.

Zowiezebra

WS - 3/6 by 4pm

Fee - 15/6 by 4pm

Car1980

If you want to go for costs get it in ASAP and include a costs assessment of time spent at £24per hour + any mileage expenses of 45p a mile (if you went to photograph the site for example).

If you want to not bother I would email DCB Legal today that you will submit your WS on Wednesday 26th May at 4pm and that you suggest they submit their Notice of Discontinuance before then to avoid an application for costs due to an unreasonably late NoD.

Umkomaas

https://forums.moneysavingexpert.com/discussion/comment/82007012#Comment_82007012

1. Your opening post suggests you had no correspondence until 2024. It’s quite normal for a postal notice to be sent within two days of the parking event, if, as is most likely with G24, ANPR was used. Only if an actual ticket was attached to the windscreen would a different timescale come into the equation.
   
2. In what way are you referred to as ‘the driver’?
   
3. There never is. Photographic evidence of the driver is not required as part of the process.
   
4. What exactly did you receive?
   
5. That’s a standard ploy, but they need to prove it.

Do they have the legal right to do this?

They can legally pursue you. A judge will decide on their position should it go to a hearing (which it won’t if you follow forum advice and guidance).

Is there any case law I can refer to?

Applicable ‘case law’ will be contained in the Template Defence Announcement, where you will find a ready to use template defence.

Is the NtD PCN PoFA compliant given that I didn't supply my own details as the driver?

Not sure I understand your question. Have you checked the PoFA compliance of your G24 letter with the G24 section of @Coupon-mad’s PoFA compliance thread (linked via the NEWBIES FAQ Announcement, post number ONE?

Gr1pr

A few pointers

An NtD is a notice fixed to the windscreen or handed to the driver

An NTK PCN letter is the first letter to the actual keeper arriving by post, usually within certain timeframes

Even if the postal notice doesn't say Notice to Keeper, that is what it is

They are all invoices in the eyes of the law, a demand for payment due to the alleged breach of the parking contract on that private property

Its an unregulated industry, so concentrate on winning points, like Pofa2012, no landowner authority, poor and inadequate signage Etc

Dont get sidetracked by irrelevant or small issues

G24 didn't use Pofa2012 in order to transfer liability from the driver to the keeper, so that is an important point, especially if the keeper wasn't the driver

Zowiezebra

The PCN I received was not on the windscreen, it was posted 2 days after the alledged incident. And as mentioned previously, it is a NtD, not a NtK. I have never been sent a NtK.

The PCN does not resemble the examples on the PoFA post, because it is a NtD, which is why I was asking about it being compliant.

I was sent a PCN which clearly states that I have been named as the driver using details provided by the registered keeper - but I am the registered keeper. And I did not name myself as the driver, not in 2019 and not at any time since.

So do I just mention in my WS that liability has not been transferred to me as the RK?

Umkomaas

Let’s have a look at the ‘NtD’ letter. Redact personal details please.

Zowiezebra

This is a copy that was sent to me in 2025 after I had a change of name and address. So I've not actually seen sight of the original.

Zowiezebra

If the PCN itself is not that important then I'll remain focused on the other aspects of my WS & hope they discontinue.

Thank you