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PCN date

a1terrier
a1terrier Posts: 21 Forumite
in Parking tickets, fines & parking
Hi All


New poster here with a quick question. (tried the newbie page but no luck)


I have an ongoing issue with a well known parking/debt recovery company.


Am I correct in thinking that as the PCN was dated 49 days after the alleged offence is it enforceable?
There was no parking ticket on the vehicle at the time of the alleged offence, just entry and exit pics of the vehicle on the PCN.


Many Thanks
«1

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    they can try to enforce it in the small claims court (MCOL) and it is definitely enforceable against the driver !!

    it appears they failed POFA2012 due to the keeper not receiving it within 14 days, so in theory can only pursue the driver (if known)

    but they will try to make the keeper pay up or dob the driver in so dont assume it will go away

    the debt collectors are powerless , IGNORE them

    the ppc has 6 years to try a court claim in england and wales , 5 in scotland

    do not reveal who was driving
  • a1terrier
    a1terrier Posts: 21 Forumite
    Thanks Redx


    As I said no ticket on car and 49 days between alleged offence and date on PCN.


    I have written to parking company with a template letter basically telling them to do one as although I was the registered keeper I was not the driver. They do not know the drivers name.
    I then received a letter from a legal company last year asking for payment to which I replied saying I was not liable as I was not the driver enclosing a copy of the letter I sent to the parking company (With proof of receipt)
    I have now received a Letter Of Claim from said legal company. Do I pay up, ignore, or respond with one of the many do one templates?
    Many Thanks
  • Redx
    Redx Posts: 38,084 Forumite
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    respond with a recent template , with any changes made as required , where the new Pap from oct 2017 is referenced (see post #2 of the newbies sticky thread)
  • a1terrier
    a1terrier Posts: 21 Forumite
    Thanks Redx
    Should I threaten harassment
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
    First Anniversary Name Dropper First Post Photogenic
    It would help if you told us who you are dealing with. It will enable us to advise you more accurately that simple generic advice.
    Should I threaten harassment
    That has the potential to get you into real trouble.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • pogofish
    pogofish Posts: 10,852 Forumite
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    a1terrier wrote: »
    I have an ongoing issue with a well known parking/debt recovery company.

    You have no issue with any debt recovery firm - and they are fully covered by post four of the Newbies Sticky.
  • a1terrier
    a1terrier Posts: 21 Forumite
    Hi
    excel/bw legal
    Been going on for 18 months
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    a1terrier wrote: »
    Hi
    excel/bw legal
    Been going on for 18 months

    they have 72 months in total to issue a court claim , so only a quarter of the way through
  • a1terrier
    a1terrier Posts: 21 Forumite
    Hi All


    Quick update on above.
    I sent BW Legal a template from the newbie page reply in response to their letter of claim asking if they were pursuing me as the keeper (I was) or the driver (I was not)and was there any contractual breech etc etc.


    They received my letter but have not responded to it only sent me a Pending County Court Claim signed by a robot.


    Should I resend a copy of the letter with a secondary letter saying any further claims from them will be treated as harassment or is there a suitable template reply on here.


    There were 49 days between the date of the alleged offence and the date of the first PCN and no ticket was attached to the vehicle.


    Thanks for any advice
  • Coupon-mad
    Coupon-mad Posts: 131,454 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 3 January 2018 at 2:11AM
    Same as all the other ones with that letter.

    Hopefully you've now looked and read the other current/same issue threads. We don't have the capacity and can't repeat the same thing for everyone and we have to assume newbies have bookmarked other BW Legal threads.

    We hope you've not just piloted in after a month's absence and landed back on this little old thread alone, asking an isolated question without (please, first) looking through the forum this weekend to find the threads discussing the EXACT same letter umpteen times already.

    Please do read the rest...! Everyone has asked 'shall I respond again'...and it feels like Groundhog Day on here tonight.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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