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PCN for overstay
Hi, I got a pcn a few months ago for a overstay (under an hour) another £1 would of covered it. I Ignored the fine of £60 going off posts read on here. Then it went up to £100 now to £160!! Now their dept recovery agents are literally about to pass the matter to solicitors (Gladstone’s). Ive read about the solicitors who take on their cases and they apparently take to court without letting you know and therefore can’t defend landing you with a CCJ. I am soon getting a mortgage so it will pretty much stop that happening. Is there a recent new law that they can’t charge these extortionate fees? Should I continue to ignore or pay? Please, please help me!
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You can't ignore, don't know where you found that info. It all changed in 2012 with the introduction of schedule 4 of the Protection of Freedoms Act.
Edit your post so that the identity of the driver cannot be inferred. Use "the driver....." etc. The driver drove and parked, the keeper is handling it now.
It's not a fine, it's an invoice for an alleged breach of contract.
As they have your address they can't just take you to court without you knowing about it and defending.
Debt recovery agents can't take it to court, they do not own the debt.
You will only get a CCJ recorded against you IF they go to court and IF you lose and IF you don't pay within a month.
Post up the original PCN you received suitably redacted but leave dates.
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I got the pcn invoice to my address but I was NOT the driver. IF they go to court and they do notify me before doing so, will I have to pay any solicitor fees at this point if I pay on the drivers behalf. (Will it be more than £160?) Should I phone the debt recovery team now and discuss it with them?
CCJ if I don’t pay within a month of loosing at court?Comment
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Small claims court, limit of £50 on solicitors fees. They HAVE to notify you.
Yes CCJ recorded if not paid within a month.
As the keeper you are only liable for the initial PCN charge (+ £50 solicitor and £25 court fee)
You could offer them, as the keeper, the original £100, explaining that you were not the driver.
So why not identify the driver? You can only do this up to the time they issue a court claim. If the driver lives abroad so much the better.
Here's POFA No windscreen ticket then paragraph 9 is relevant.
Post up the PCN to see if the keeper can be held liable. If no PCN then SAR to the parking company.Comment
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Here is the PCN Final Reminder and the debt recovery final demand.
So am I right in thinking the total amount this case can arise to will be no more than £160 + £50 + £25, Total of £235 if lost in court?
Do you think it will go to court? If you were me what would you do? If I phone them chances are they won’t answer phone. And I don’t think I’ve time to as debt recovery are passing to solicitors in next day or so from what I believe.Comment
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Need the ORIGINAL PCN, not reminders and threats of court.
As the keeper you can only be held liable for the original PCN, £100. Not the £160.
You've been told what to do: a SAR request to NCP to get the original PCN. Template in the shortcuts panel on the rightLast edited by ostell; 11th October 2020, 14:30:PM.Comment
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Ok you are going to have to do some writing. If I'd seen the letter originally the appeal would have been:
Dear Sirs,
I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx
You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. In addition you have not given the warning of keeper liability, 9 (2) (f), in the format prescribed by the Act.
9 (2) (a), period of parking, has not been given. The time taken when moving under a camera cannot, by definition, be parking.
You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.
There is no legal requirement to name the driver at the time and I will not be doing so.
Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.
Yours etc
I leave it to you to rewrite it in a suitable format for the debt collectors and NCP.
They are obliged to deliver the notice within 14 days. Posting on day 13 is not good enough as it is assumed that delivery takes 2 working days. In your case they posted it on the 24th, a Friday, so the delivery is assumed the following Tuesday, the 29th, so delivered after 18 days, well outside the time allowed.Last edited by ostell; 11th October 2020, 16:37:PM.Comment
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Ok thank you so much. Do I simply just copy that appeal and add (format) sirs as Parking company name and debt collectors name? Add my car reg? And then end with, My name? I don’t have to rewrite the whole thing do I? I really do appreciate your help by the way. Do I have to type a letter and post it or can I email them?Comment
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That letter is if you appealed it just after receiving so the phrase "just received" is a little out of time. You have to rewrite it as a proper business letter to suit the circumstances.Comment
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Change it like this?
Dear NCP/ TRACE DEBT
I have just received your Notice to Keeper (MY NAME) for vehicle VRM (CAR NUMBER PLATE)
You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. In addition you have not given the warning of keeper liability, 9 (2) (f), in the format prescribed by the Act.
9 (2) (a), period of parking, has not been given. The time taken when moving under a camera cannot, by definition, be parking.
You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.
There is no legal requirement to name the driver at the time and I will not be doing so.
Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.
Yours (MY NAME)Comment
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Ok like this?
Dear NCP/ TRACE DEBT
I have received your Notice to Keeper (MY NAME) for vehicle VRM (CAR NUMBER PLATE)
You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. In addition you have not given the warning of keeper liability, 9 (2) (f), in the format prescribed by the Act.
9 (2) (a), period of parking, has not been given. The time taken when moving under a camera cannot, by definition, be parking.
You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.
There is no legal requirement to name the driver at the time and I will not be doing so.
Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.
Yours (MY NAME)Comment
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Sorry I only have a phone to do all this onComment
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