Contacting land owner.

Gr1pr

SilkysmoothCarrots said:

I would have just liked the chance to have dealt with NCP in the first place. Paying their reduced rate within 14 days.

I don’t think we had the grounds to appeal as we simply forgot to pay when we got home. It was a pay on the app within 24 hours job. 

I suspect that the Registered Keeper didn't update their V5c promptly and that the letters went to an old unmonitored address,  so missing paperwork is usually down to poor record keeping,  not their fault that they used the details from the DVLA database,  same as the council or police would if they had cause to issue a charge 

You wont get anywhere with plans A , B or C, not now that debt collectors are involved and have traced the new address!  So its fire fighting mode now, the RK deals with the present issues caused by past issues 

NCP may try a Money Claim so the RK needs the other parties to be aware of the correct address for the service of papers 

SilkysmoothCarrots

We haven’t lived at any other address since owning the car, so they could only have had this address. Whether they were misplaced by us, as it’s my wife’s mail I don’t interfere but she was adamant there was nothing from NCP.

funnily enough I’ve just had a phone call from NCP reiterating that they need an email from my wife to discuss the case with me! So they are on to me. 

You are right about the signage. It was all set up for you to fail. I remember attempting to pay when we got there however they wouldn’t allow this, obviously preying on the ones forgetting like us!

Sorry if I’m asking questions that you have already answered, am I know just awaiting the next stage, potentially lbc, or do I reply to ncp to attempt to sort this.

Again, thank you all for your time.

Gr1pr

I assume that your wife is the Registered Keeper and the person receiving the letters etc  ?

If yes, she has current liability and they could sue her using MCOL,  not you

So currently it's nothing to do with you from a legal perspective , so step out and advise your wife only

If you were the driver,  not her,  then she as the Registered Keeper can name you as the driver to Ncp,  thereby transferring liability using Pofa2012 as the tool to do so, giving you legal power over the alleged debt 

You need to understand all of the above before doing anything,  because regardless of what you say, the current liability is hers if she is the RK.  ( its not your legal problem until your name is on the paperwork   )

Lastly,  all of the above should be done in writing by email or letter, by the correct person,  no phone calls whatsoever,  especially not with debt collectors, they are only interested in gouging £170 from one of you 

My advice to you is to pass on the above to your wife, if she is the liable person,  nothing else  !

Then both of you decide who best can take this forward , who is prepared to fight a possible court claim 

No phone calls,  no paying 

Coupon-mad

SilkysmoothCarrots said:

I would have just liked the chance to have dealt with NCP in the first place. Paying their reduced rate within 14 days.

I don’t think we had the grounds to appeal as we simply forgot to pay when we got home. It was a pay on the app within 24 hours job. 

Please don't pay. Certainly NOT NOT NOT £100 or £170. Do not phone.

But your wife (the keeper) should email Trace:

either:

(a)  quoting the Joint Code of Practice where it says PCNs must be re-issued at the original rate if they were not received,

or

(b)  naming you as driver (full name and postal address) if you were indeed driving. Which has the same effect: a new PCN comes to you. This is mandatory under the law.

SilkysmoothCarrots

Thank you for the advice. 

I shall pass that information on to her, and see how she wants to play it!
Emailing them to say we didn’t receive their initial ticket would probably be the best way to deal with it if they then have to legally send again! 

Thank you all.

SilkysmoothCarrots

Update for you all.
my wife emailed NCP quoting the joint code of practice as we didn’t receive the initial PCN.
they have withdrawn the case from debt collection and opened up the option to appeal within 7 days.
so thank you all for your advise on this.
Now to study the newbies thread on how to appeal!!

Coupon-mad

Have they sent her a copy of the PCN? 

No doubt you've identified it isn't POFA worded.

SilkysmoothCarrots

They have sent a link for the appeal. Haven’t sat down with her to do it as yet but will be doing tomorrow.
do we need to be asking for the PCN to be sent via post?

Coupon-mad

Nope; she can appeal saying there is no keeper liability because she has never been served with any NTK (reissued or original) and she wasn't driving so cannot be pursued. Then reconfirm the correct postal address. 

SilkysmoothCarrots

Thank you so much for your help. We will do that today!