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14 minute PCN overstay - Urgent help needed

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  • 14 minute PCN overstay - Urgent help needed

    Hi mystery1
    Happy new year!
    I have received 3 letters addressed to my previous residence asking immediate payment of £160 from an offence in August. Letter's i've received are dated 10th October 2018, 30th November & 17th December.

    I initially got in contact about the letter from 10th October, the third letter but the last letter was a "Final chance to pay" letter. Although in principal I do not feel obliged to pay, I fear the threat of CCJ's and the likes stated in the letter will affect my future prospects employment and loan wise.

    In summary what I have argued so far.
    1. I asked for further evidence other than the photographs they provided, citing that there have been cases easily found on the internet where pictures can be doctored.
    2a. After receiving the "Final letter" I responded basically why the fee was £160 - the site says £95 maximum fine for overstay (I assume the rest is to make up for DRP’s fees)
    b. why I was not initially entered into a compliance stage citing that I was not unaware of overstaying because I was not contacted by their creditor & their initial letter states "we are writing to you
    because you have not yet paid our client" & I cannot obviously pay for something that I was not aware I owed, had I known I would have paid by a client direct payment.
    c. my address that they have sent their correspondence to was incorrect.

    In a nutshell I would like to know legally speaking whether I can fight my corner and so will therefore not have to pay, because I feel that these are just bullying tactics and if I do have a leg to stand on, how I should frame my argument.

    I have also asked for how I can appeal, based on the fact that I have a receipt which shows that during that overstay, it was because of a purchase I was waiting for on site.

    Please find attached my correspondence and the letters I have received.
    I look forward to hearing from you soon.

    Kind regards
    Attached Files
    Tags: None

  • #2
    So need to see the original PCN you received to see if you have a fightable case. Having hinted at the driver could make it difficult. You do not request evidence form them as this hits that if they provide it tyou will pay,

    Have a look at POFA , especially para 9 if there was no windscreen ticket otherwise 8. They can hold the keeper liable for the actions of the driver IF they comply with the requirements of POFA.

    DRP can be ignored, they cannot do anything.

    Comment


    • #3
      Thanks so much for your advice ostell. with regards to the original PCN; I have never been issued this, the first correspondence to this case was the letter i received in October.

      I do not even know how much the initial amount that was asked to be paid, is that something i could argue any further on account of my address having changed which i means i never received the original PCN and DRP's letters also containing my previous address? in relation to POFA Para 9 subsection (4)(b) "sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period."

      What would you say in your opinion would be an appropriate next course of action considering i have not had a response to my last email from the 28th of December 2018 yet?

      Another question i have is whether i should correspond to them only by email since all my dealings with them have been through email or should i respond via phone call?

      Also what is the likelihood that this could be taken to court considering the amount and the circumstances around the overstay, surely it would be more costly for them to bring this to court to try and recover that amount of money than it wold be to just try and chase me directly?

      Thanks again for your help.

      Comment


      • #4
        So the alleged breach was 04/08/2018. Did you move house before or after this date and did you, indeed have you, changed the details recorded on the V5 for your car? Just changing driving licence details is insufficient.

        They can go to court and I believe they do. It costs them more than they can recover but they then use that as an example to frighten others into paying.

        Comment


        • #5
          I moved house before that but had only changed the cars V5 in September, having changed my licence address as soon as i moved.

          Do you think it would be possible to pay DRP's client directly for the offence rather than DRP, as i'm guessing that would surely be cheaper.

          Comment


          • #6
            So now you know why you didn't get the original NTK. So send a SAR to the original parking company and get all the documentation they have on you. SAR template on this site. Let's see what they originally sent to you. They could have slipped up and they cannot hold the keeper liable so you can refute the debt and pay nothing.

            ​​​​​​​You could try offering them cash but doubt if they would accept.

            Comment

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