PCN - private residence

bubyee

Hi all,

I visited a house to collect a large item, using a hired van. To access the house you have to use a shop's car park. (The shops are at the front, you drive through the small car park to access the private houses at the back).

The landlord for the houses is also the landowner of the shop.

The rule for residents at the houses were that they told the landlord the plate of the vehicle using the car park for the houses and he would do whatever he does to ensure a PCN is not given to the vehicle. I was given assurance from the resident that my van's registration plate was given to the landlord for him to do this.

I was using the hired van to move house, therefore my address given to hire the van was different to my new residence - my driving licence was not changed until I had moved homes.

The PCN (Civil Enforcement) was given to the van company, and then later was sent to my previous address. It took a long time for that letter to reach me by the person in the property.

I sent a letter to the company on 6th May, as the appeal time had passed. I acknowledged their letter dated 16th April and informed them I dispute the alleged charge. I then stated their letter was not compliant with the requirements of Annex A Para 2 of the Practice Direction on Pre-Action Conduct and requested a Letter Before Claim that complied. I asked for someone to read and respond to my letter, and for them to provide the specific information required.

I got another generic letter demanding payment, it did not acknowledge my letter at all. It was again sent to my previous address.

So I sent another letter on 18th June reiterating I am not liable and explained in detail why. I informed them of my correct address and stated I have not been able to appeal within their 28 day period due to change of address and the fine going to the van company. I gave my email address and asked someone got in touch for us to resolve this.

I have now received a Letter Before Action, dated 18th June but I have only just received it as it again went to my previous address. It states "We are writing to you at this address in accordance with the Pre-action Protocol for Debt Claims contained in the Civil Procedure Rules and, in circumstances where you have not responded to any previous correspondence, pursuant to a trace of your most recent address, or where we have been notified that you have moved address from the address which was originally provided by the DVLA. As detailed above, the PCN has not been paid and it is our position that you are liable for payment of the outstanding PCN sum and any additional debt recovery fees. The PCN was issued for a breach of the terms and conditions of parking at the relevant premises as set out in detail on the PCN itself." It then gives a Reply Form, with a 30 day deadline to complete and return. Section 1 asks if I owe the debt: Box A "I agree I owe the debt", Box B "I owe some of the debt, but not all of it", Box C "I don't know whether I owe the debt, and Box D "I dispute the debt". Section 2 is how to pay, Section 3 is is whether I intent to get debt advice, and Section 4 is about what documents I'm sending or requesting. It then has a Standard Finance Statement, asking my details, and further information such as dependents, housing tenure, monthly income and outgoings, employment, partner's details, and debts.

I am really concerned about this.

I still feel strongly that I am not liable. My vehicle registration was given to the landlord, he was supposed to ensure I did not receive a PCN. Then it was delayed reaching me so I was not able to appropriately appeal. Now they have sent a Letter Before Action without trying to resolve the issue with me beforehand.

What must I do?

Le_Kirk

Have you approached the landlord and asked them to get it cancelled? You don't need to fill in any of their intrusive financial forms. Check the NEWBIE sticky second post and, if you feel inclined, send the standard response to the letter before claim/action. You need to write, via email, to the DPO of the parking company and inform them of your correct address for service and tell them they must ERASE any other addresses they have on file. They must also inform all and any of their agents and sub-contractors of same.

Half_way

jopson vs homeguard, loding /unloading is not parking

Coupon-mad

Stop sending letters!

Email the data protection officer at Civil Enforcement Ltd, the recommended LBC reply in the NEWBIES thread post 2 but please don't copy & paste it here….

This is a normal unconcerning stage and we really don't want to check the NEWBIES FAQs advice!

You want the court claim, you know. That's easier than any appeal, and Civil Enforcement now tend to discontinue before hearings so it is a simple matter of seeing it off.