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Parking Charge Notice 4 years later

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  • Parking Charge Notice 4 years later

    Hi, new here and would appreciate some help. I've had a letter through BW Legal who have been instructed by Vehicle Control Services for a Parking Charge Notice dated 4th June 2012. The driver has a vague recollection of parking in this spot as it was a bank holiday and they had to take their son to an emergency doctor's appointment round the corner. As it was a bank holiday the driver though nothing of it and this is the first I've heard of a PCN for it. They want me to pay £120 for PCN plus £54 legal costs. To bring this up 4 years later in my eyes is insane. I know in the past letters to my address have ended up up the road and have never received them so wondering whether this has something to do with it. I know previous advice was to ignore these I just wondered what it is now. Any help would be appreciated. Thanks
    Last edited by Kati; 17th August 2016, 10:17:AM.
    Tags: None

  • #2
    Re: Parking Charge Notice 4 years later

    tagging [MENTION=5354]mystery1[/MENTION] for advice xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

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    • #3
      Re: Parking Charge Notice 4 years later

      Do you want to defend this or are you happy to pay the PCN? BW Legal can't recover their legal fees because there has been no commencement of proceedings so you would only be liable for the PCN costs. Alternatively if you do defend this, then there could be a defence of laches which means that because VCS have delayed in bringing a claim against you when the offence which you have limited recollection of, they are prevented from doing so by their delay as it has caused some prejudice to you.

      I'm sure M1 will provide more assistance
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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      Comment


      • #4
        Re: Parking Charge Notice 4 years later

        I would like to defend it as I think it is a bit of a pointless parking charge especially as from what I remember there was literally no one around so was causing absolutely no obstruction due to it being bank holiday. And £174 is a joke

        Comment


        • #5
          Re: Parking Charge Notice 4 years later

          My understanding is they are well out of time for Keeper Liability and may only chase the driver. Obviously 4+ years later it is hard to recollect who that may have been.

          Comment


          • #6
            Re: Parking Charge Notice 4 years later

            I've had two cars since then

            Comment


            • #7
              Re: Parking Charge Notice 4 years later

              A "final notice" or a "letter before claim" ?

              M1

              Comment


              • #8
                Re: Parking Charge Notice 4 years later

                No word of final notice

                ".....balance due...."

                "....if you fail to make payment or provide reasons for non payment within the specified timeframe, we will seek Our Client's instructions to commence legal proceedings against you in the form of a County Court Claim Form in the County Court"

                16 days from 9th August so 25th of this month

                Comment


                • #9
                  Re: Parking Charge Notice 4 years later

                  What would you guys recommend doing? To contest it or not?

                  Comment


                  • #10
                    Re: Parking Charge Notice 4 years later

                    Personally I'd be waiting for them to commence court action (@mystery1 will have advice tho') xx
                    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                    It doesn't matter where your journey begins, so long as you begin it...

                    recte agens confido

                    ~~~~~

                    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                    But please include a link to your thread so I know who you are.

                    Specialist advice can be sought via our sister site JustBeagle

                    Comment


                    • #11
                      Re: Parking Charge Notice 4 years later

                      Suggest this as a possible response (pinched from another forum)

                      Thank you for your letter dated xxxxxxxx

                      I deny any debt to Vehicle Control Services and will robustly defend any proceedings in court.

                      For your information, I was the registered keeper of the vehicle in question at that time, however I firmly assert that I was not the driver and as the date of the event precedes the introduction of POFA then I, the keeper, cannot be held liable. In the event of legal proceedings, will make such an assertion under a Statement of Truth. You may not rely on a selective reading and misrepresentation of Elliott v Loake to presume the contrary. The parking charge and your administration and/or debt recovery charges are none of my concern.

                      I note your attempt to mislead me regarding your £54 legal costs. As you are aware, these cannot be recovered in the Small Claims court. Please note that signage at the time did not make mention of any contractually agreed charge to this amount. Also note; if you persist, I will not hesitate to report BW Legal to the CSA and SRA.

                      Please refer the matter back to your client. Please remove my details from your system immediately and do not attempt to contact me again. I consider the matter closed.

                      Comment


                      • #12
                        Re: Parking Charge Notice 4 years later

                        Can you sanitise the letter and post it up ?

                        Unlike others, i'd ignore it if it's nothing like a letter before action and only engage with them at that point. It's not like you're going to pay so i'd want to string it out to get nearer 6 years staute barred limit or see if the have the balls to get serious when they have a pretty shite case without keeper liability.

                        M1

                        Comment


                        • #13
                          Re: Parking Charge Notice 4 years later

                          I might be being stupid but can't add a picture on my phone. Will try on my laptop when I get home

                          Comment


                          • #14
                            Re: Parking Charge Notice 4 years later

                            .....
                            Attached Files

                            Comment


                            • #15
                              Re: Parking Charge Notice 4 years later

                              So it's debt collection b0llocks at the moment. File and ignore. Letter of claim or court papers, come back.

                              M1

                              Comment

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