PCN from 4 years ago???

kunglaokaizen

what does this all mean, what is trace in? I read the newbie thread but there isn’t much info on what to do if the PCN is with debt collectors and I’m not sure if the debt collectors stage post has been re-instated yet? Following on after my fiancé decided to call the debt collectors this is what their response was ( see attached screenshot) - should I still go ahead with a POFA appeal? I have already emailed them to delete all previous addresses and updated the most current one.

IMG_6856.png

kunglaokaizen

If I can appeal, I have written the following using the newbie thread and some online digging and came up with the following:

Dear Sir/Madam,

I am writing in response to your correspondence regarding the above matter.

The driver denies any liability for this alleged charge.

No Notice to Keeper or prior correspondence was ever received in relation to this charge, despite the vehicle being correctly registered with the DVLA at the time of the alleged incident (14/06/2022). As such, your client has failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 in order to establish keeper liability.

Given the significant delay of nearly four years, this has materially prejudiced the driver's' ability to recall events or gather evidence. I therefore consider any attempt to pursue this matter to be unreasonable.

Please provide the following:

• Evidence of the original Notice to Keeper and proof of postage
• Evidence of compliance with the Protection of Freedoms Act 2012
• Copies of all correspondence allegedly sent

Until such time as this information is provided, the matter is formally disputed, and I require that you cease processing my data and collection activity.

I request that this matter be placed on hold for 30 days while I seek independent advice.

Any further contact other than to provide the requested information will be considered harassment.

Yours faithfully,

pls recommend any changes :)

Gr1pr

Trace is a debt collector and can trace the address of people who have moved etc, there are others in business

Post 4 In the newbies sticky thread in announcements tells people to ignore the powerless debt collectors

Once the debt collectors have the case file, its too late to appeal the pcn invoice, debt collectors are only interested in gouging money from you, nothing else !

Its a good idea to confirm your name and address to the debt collectors and ideally with any company chasing you for money, especially if you have moved, because you dont want any future court claim to go to an old address, should it happen

I suggest that you update your address with all parties if you have moved, in writing, but never phone them up , so maybe use the template in the post in the following post and thread

https://forums.moneysavingexpert.com/discussion/comment/81968028#Comment_81968028

Coupon-mad

I read the newbie thread but there isn’t much info on what to do if the PCN is with debt collectors.

On the contrary.

An entire post there is dedicated to that stage (post 4 of the NEWBIES thread), the section with pictures of the tedious £170 threatograms to ignore and giving clear advice NOT TO RING THEM.

Following on after my fiancé decided to call the debt collectors

Oh dear. Why did he do that?!

kunglaokaizen

she panicked seeing the email since my email is logged onto our PCs - she just wanted to get more information. I have emailed to them to update my address but I have not heard back yet from either APCOA or the debt collector about the detail change. At this stage, is this all I need to do.

Coupon-mad

So sorry: she (fiancée has two e's when it's a lady, hence I took fiancé as male).

But I admit I am a spelling pedant!

😀

kunglaokaizen

I received this email from the debt collectors today. Any idea what it means? Can I go back and appeal with APCOA now and use a non-pofa template?

Gr1pr

CST have referred it back to their client, Apcoa

No you or the recipient cannot appeal, that appeal window closed years ago, after a month or two

Personally i would file it and get on with your life, because as you were told back on page 1, Apcoa don't do court

You could check if the pcn is still outstanding or closed, to satisfy curiosity, or as mentioned above, ignore them

Keep all the paperwork until 7 years from the incident date

Coupon-mad

It will be passed to Trace Debt instead. Ignore them too.

But you could try a complaint to APCOA (see their complaints policy) saying that the V5 was correct at the time and we never received any letter of notification on the first instance or escalation until 2026. There has been an address update twice on the V5 since the alleged date of parking, however i still did not receive anything before this year. I had no fair opportunity to appeal.

Then quote the Joint Code at them (you'll have to read through it to find the bit about pausing debt recovery and reissuing a PCN for appeal). Ask for them to honour the Code and give the appellant a POPLA code.

The above is done by the keeper.