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PCN Debt Recovery Letter

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  • PCN Debt Recovery Letter

    Hi

    My husband recently received a debt recovery letter giving until the 9th May 2015 to pay their costs along with the original £60 Parking Charge Notice, now totalling £160.00. Unfortunately, it wasn't my husband driving the car, it was me (his wife). I spoke with the Debt Recovery company to ask if the name on the debt could be amended so that they chase me for non payment to which they replied no. So any further letters / threats will be addressed to my husband (which he doesn't appreciate lol).

    Unfortunately, we are out of time to appeal further as the parking company ignored our second letter to them and now this is the situation.

    We feel we've come this far and not paid the PCN as we believe we have good grounds and they are simply being ignored so we are of the mindset that we should see what happens next. We are assuming we will receive a claim form from the Courts, the offer of mediation then potentially receive a court date if an agreement cannot be reached.

    Our argument is that the photograph signs that the parking company have provided us on the PCN are not the current signs displayed in the car park. We wrote asking for proof that the parking company chasing for payment had authorisation to do so which is where we got ignored and the debt recovery letter received.

    I understand from reading various threads that even if it goes to court and the decision go against us then aslong as we pay the costs within 28 days a CCJ will technically not exist.

    We wonder whether a Judge may side with the parking company and say that it doesn't matter about who had authorisation to patrol the car park and the PCN still stands or do we have a good argument that we are potentially being chased by the wrong patrollers/enforcers?

    Any thoughts would be appreciated.
    Tags: None

  • #2
    Re: PCN Debt Recovery Letter

    As the driver was not the registered keeper the best line of defence will be keeper liability. To attack this you will need the original PCN and the signs from the date of the incident if possible.

    If they have not complied with the Protection of freedoms act 2012 schedule 4 section 9 (or section 8 if they stuck a ticket on the car originally) then the keeper has no liability in law.

    M1

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    • #3
      Re: PCN Debt Recovery Letter

      Hi M1

      Thank you for your prompt response! I have all the original PCN letters along with the photograph of the sign the parking company provided.

      I'll look up the schedule you've mentioned and go from there.

      Many thanks

      Samanthaj6966

      Comment


      • #4
        Re: PCN Debt Recovery Letter

        :okay: http://www.legislation.gov.uk/ukpga/...dule/4/enacted

        You can always scan it, blank your name etc and post it up.

        M1

        Comment

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