Appeal for PCN declined

floofykitty

I have been fighting a parking fine for months now. The PCN was issued in the morning and we purchased the car from a private seller in the evening. I have sent all evidence such as log book with date. Screenshot from DVLA which has date and time of transfer. I even sent a screenshot of my journey that day on google maps to collect the car as it was an hour from where I live and all the times add up! They have advised I need to provide previous keeper info to get the PCN cleared from my name. Now I only had a mobile number a name off Facebook and an address. This wasn't good enough. I contacted the land owner to advise I've given evidence and showed them everything and they contacted the parking company for me to get the PCN cancelled as they could see from my evidence I was not the keeper at the time. They even said the number plate is registered to a resident of the land (flats) so they are not liable either it was issued by mistake. Now I have had an email from the land owner saying the parking company aren't dropping the ticket against me and still want evidence from the DVLA who the previous keeper was and proof I wasn't the driver or registered keeper. I've had a debt collection letter as well. Is this company playing games with me? They have ignored all my emails and complaints.

ChirpyChicken

Which parking firm?

floofykitty

GXS wasn't sure if I was allowed to say what firm

Car1980

Yes you are.

It's an invoice. Nothing different than you'd get from a plumber. Therefore it can't cancelled, dropped or appealed as it's only a request for money on a piece of paper.

If they wanted to take it to court the onus is on them to prove you were the keeper, not for you to prove otherwise (obviously you'd submit your evidence, but they would have to disprove it and they couldn't).

99% of defended court claims end in discontinuance. 

By all means reply to the landowner with "I have proven that I am not liable for the charge. The onus is on your parking company to disprove what I have stated and they are welcome to make a county court claim."

floofykitty

The land owner has been trying to help me. They've advised GXS the previous keeper is a resident and also isn't liable. But the parking company have said nope she has to pay unless she can prove she wasn't the driver/keeper which I have! 

So the specialist debt recovery firm is now on my back. I've contacted them saying I'm not liable and not paying. I've gone back to GXS who continue to ignore all of my emails. 

Should I just ignore this now and if asked for evidence by the court submit it? It's been really worrying dealing with this. GXS have caused a lot of stress!

Umkomaas

Should I just ignore this now and if asked for evidence by the court submit it?

In so many words, yes. Await a Letter Of/Before Claim from the PPC's solicitors, or a County Court Claim via the Northampton CNBC, come back to this thread for further advice. To get ahead of the curve, you could prepare yourself by reading the NEWBIES FAQ Announcement, second post, and the Template Defence Announcement, both situated near the top of the forum thread list. 

Coupon-mad

You can ignore GXS.

Was this at Shoreham Port?

floofykitty

It was a car park for residential flats in Bournemouth. The guy who sold me the car was a resident with a permit so was issued by mistake according to the land owner. But when GXS approached the the DVLA they gave my details as purchased the car same day PCN issued! There's always going to be 2 owners the day of transfer. They are literally playing games with me!

Coupon-mad

Yep.

Honestly just ignore them now. You've proved your position. Let them sue (they won't).

floofykitty

They've ignored everything I've sent. Awful firm. I am just going to wait and see what happens now as they are going to look very silly if my evidence get shown to a judge. Thank you for the advice 🙏

Coupon-mad

Indeed. They can't win.