Newlyn Court Action Pending - parking charge 33 mins over in retail park

[TheVoice72]

Hi all,

I have posted in another part of the forum but so far had no reply. I apologise if I have broken protcol for the sort or somehow come across as ill mannered. Ignorance is my only crime

However, I am in a slight panic. I realise I should have appealed but was misinformed that ignoring was the thing to do. On searching the internet more thouroughly I recognise my mistake.

I received a PCN via a letter, on 9/7/2013 for a contravention date 27/06/13. I am the registered keeper but was not driving the car. My wife had been out shopping in a retail park and apparently over stayed the 2 hour limit by 33 minutes. The resulting charge of £60 seemed excessive considering she was a customer.

However, my dilemma is that I have received my second letter dated 20/2/2014 telling court action was pending unless I payed £166. If payment has not been recieved proceedings will be initiated in the county court where a judgement may be obtained.

I am worried that I will need to go to court and have no experience if

Any advice would be really appreciated.

[Amethyst]

Re: Newlyn Court Action Pending

Hi, I've put your post in the parking issues forum and will bump someone to have a look xx (oh and no you don't sound rude in any way at all, I think the site is just really busy at the moment)

[TheVoice72]

Re: Newlyn Court Action Pending

Thanks. Much appreciated.

[TheVoice72]

Re: Newlyn Court Action Pending

Anyone that could advise, suggest or point me in the right direction would be appreciated. Thanks

[mystery1]

Re: Newlyn Court Action Pending - parking charge 33 mins over in retail park

A council ticket in a retail park ?

M1

[TheVoice72]

Re: Newlyn Court Action Pending - parking charge 33 mins over in retail park

A council ticket in a retail park ?

M1

Thanks for replying.

No it is a private ticket in a retail park. Sent via post by VCS.

I realise I've been stupid by not following up but any advice as to what my options would be really appreciated.

[mystery1]

Re: Newlyn Court Action Pending - parking charge 33 mins over in retail park

So have they actually sent a county court claim form ?

M1

[TheVoice72]

Re: Newlyn Court Action Pending - parking charge 33 mins over in retail park

So have they actually sent a county court claim form ?

M1

I have just recieved a third letter from Newlyn.

Final Notice - Court Action

Client: Vehicle Control Services Offence Date: 27/06/2013
VRM: Offence Details: Anpr Vcs scheme std (60-100)
Total Outstanding: £166
Location: Retail Park

We have no record of recieving payment despite our previous correspondence and have no alternative but to pass the file back to VCS ltd who will then proceed with court action.

We would like to offer you one final opportunity to settle the outstanding amount prior to us returning the file.

Unless we hear from you within the next 7 days (13/3/14) with regard to paying your outstanding arrears, your file will be processed for court action. THIS WILL RESULT IN ADDITIONAL COSTS TO YOU.

To avoid any further action contact us immediately.

Newlyn Debt Collection Ltd

[mystery1]

Re: Newlyn Court Action Pending - parking charge 33 mins over in retail park

In which case you need to name the driver with an address and this extinguishes keeper liability. The driver will then be given a PCN and an opportunity to appeal. They should appeal and if it's refused appeal to popla with an appeal such as http://www.legalbeagles.info/forums/...-Appeal-Letter and the charge will be cancelled.

M1

[TheVoice72]

Re: Newlyn Court Action Pending - parking charge 33 mins over in retail park

In which case you need to name the driver with an address and this extinguishes keeper liability. The driver will then be given a PCN and an opportunity to appeal. They should appeal and if it's refused appeal to popla with an appeal such as http://www.legalbeagles.info/forums/...-Appeal-Letter and the charge will be cancelled.

M1

Thanks M1. Do I contact VCS directly and as its my wife do I use this address or her work address?

Thanks again.

[mystery1]

Re: Newlyn Court Action Pending - parking charge 33 mins over in retail park

Thanks M1. Do I contact VCS directly and as its my wife do I use this address or her work address?

Thanks again.

VCS and home address is fine. Might want to inform Newlyn too but it's not vital.

M1

[TheVoice72]

Re: Newlyn Court Action Pending - parking charge 33 mins over in retail park

VCS and home address is fine. Might want to inform Newlyn too but it's not vital.

M1

Cheers M1. Which is the best way to contact them? Phone, email or mail? Many Regards

[mystery1]

Re: Newlyn Court Action Pending - parking charge 33 mins over in retail park

Email, it's quicker, cheaper and allows you more proof than a call.

M1

[TheVoice72]

Re: Newlyn Court Action Pending - parking charge 33 mins over in retail park

Update.

Just received a letter from Vehicle Control Services ref my email explaining that I was not the driver and that it was my wife.

It makes no reference to me informing them that I was not the driver but says:
The details of this account have been forwarded to our debt recovery company 'Newlyns' due to the non receipt of payment within 28 days of the notice to keeper being issued.

All enquiries and payments must be made directly to Newlyns.

We will not acknowledge or respond to any further correspondence.

I am not sure what to do now as I expected them to reissue the ticket and then to able to appeal. Any advice appreciated.

[TheVoice72]

Re: Newlyn Court Action Pending - parking charge 33 mins over in retail park

Update.

Just received a letter from Vehicle Control Services ref my email explaining that I was not the driver and that it was my wife.

It makes no reference to me informing them that I was not the driver but says:
The details of this account have been forwarded to our debt recovery company 'Newlyns' due to the non receipt of payment within 28 days of the notice to keeper being issued.

All enquiries and payments must be made directly to Newlyns.

We will not acknowledge or respond to any further correspondence.

I am not sure what to do now as I expected them to reissue the ticket and then to able to appeal. Any advice
appreciated.

Any one that can give some advice would be great.