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NCP have issued a claim against me for an unpaid parking contravention

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  • #16
    No, just the once. There was the section on the back of the original notice. There was no contact number or email on any correspondence they sent me

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    • #17
      I think your statement that this is what you did should suffice. Remember that if the worst comes to the worst and they look like winning then the maximum that they cab claim is the amount on the original PCN (+ nominal court costs) so make that clear. They cannot identify the driver and it cannot be assumed that it was you, indeed your hire documents show that it was not.

      You haven't posted the original PCN yet. Can you do that. There may be other avenues.

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      • #18
        There's the PCN and a note of the costs they are claiming
        Attached Files

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        • #19
          They are stating that the sum due was £60 and therefore the maximum they can claim from the keeper is that amount, + the £25 court fee + £50 max solicitors costs, if that has actually been spent.

          however POFA states: "keeper” means the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper". You can prove the contrary with those hire documents. You were not the keeper at the time and therefore you have no liability, the person you named was the keeper at the time and is therefore liable, not you, and they are claiming from the wrong defendant.

          You will need to argue this in court so write out a list of the points you need to make so that you don't forget anything and take in 3 copies of POFA with you with relevant items highlighted. Here's POFA
          Last edited by ostell; 3rd February 2019, 18:40:PM.

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          • #20
            Thank you - have printed those off - they seem to be claiming £75 in court costs which is incorrect, as well as an extra £60 from the original PCN, as set out in their terms and conditions.

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            • #21
              Actually - it is £25 court costs plus £50 solicitor fees. Apologies

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              • #22
                Hi
                same thing I’m facing . I rent my car thru hiya car received a lot of pcn while I’m in holiday . Few of them was with debt collectors , unfortunately Hiyacar accepted only pay reduced amount of pcn . Rest I paid from my pocket, it’s annoying .

                Now , there is one more pcn they only paid reduced amount and send me a text for copy paste to pcn place for reducing amount , pcn place (council ) send the pcn to actual driver .

                hiya car is contacting me driver only liability to pay reduced amount and I have to pay this .
                im annoyed , pissed off .



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