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Solicitors Letter Re: Unpaid PCN

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  • Solicitors Letter Re: Unpaid PCN

    Hi,

    I received a solicitors chasing an unpaid PCN. I did not receive the NTK, and this is the first correspondence Iíve had about this. I've drafted the following letter using a template from this forum, which Iíve modified to suit:


    To whom it may concern,

    I have just received a letter from your solicitors re: your Notice to Keeper xxxxxxxxxx for vehicle VRM xxx xxx

    I did not receive said Notice to Keeper. Therefore, 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. 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 or solicitors you care to instruct.

    Yours faithfully etc.



    Is this OK?

    Thanks, Mark
    Tags: None

  • #2
    Please start it "Dear Sirs"

    Also write to the solicitors pointing out their client has failed to comply with POFA and you have no liability for the alleged debt.

    Comment


    • #3
      Thanks Ostell, I really appreciate it.

      I've amended the letter and sent it. I made sure I got a certificate of posting.

      I know it's recommended to get a certificate of posting, rather than send it recorded delivery. I know that's because they'd likely reject it if it was sent recorded.

      What if they receive the letter, but deny it? Or what if it gets lost in the post? Either way, I'd be none the wiser until the matter was escalated. And a certificate of posting doesn't prove that the letter was received.


      Thanks again

      Mark

      Comment


      • #4
        You can show that you sent the letter and it can be assumed delivered 2 days later.

        Even sending it recorded (signed for) often doesn't help as the postie "forgets" to get a signature. Happened to me a few times.

        Comment


        • #5
          Thanks again.

          I sent the letter, and received a reply saying that the PCN had been cancelled. That was on the 5th of this month.

          However, today I received the following letter from Civil Enforcement:

          Dear Sir/Madam,

          We have written to you on several occasions regarding the unpaid parking charge, details of which are set out above and for which you are liable. The charge includes a reasonable sum to cover the charges we have incurred, and the time and resources spent in attempting to recover the debt from you.

          This letter is being sent to you in accordance with the Pre-action Protocol for Debt Claims (ĎPAPí) contained in the Civil Procedure Rules (CPR). We have set out your options to make payment to us on the reverse of this letter if you admit the debt. We also refer you to paragraph 4 of the PAP, which requires you to respond to this letter, completing the enclosed Reply Form within 30 days of the date of this letter.

          If you do not pay or respond within 30 days of the date of the letter, we will commence proceedings against you to recover the unpaid debt, which may lead to a Court Judgement against you requiring you to pay the sum owing. If a Judgement is obtained it will adversely affect your credit rating and could affect your ability to obtain credit in future.

          If you are in financial difficulty or need debt advice, you can obtain free, impartial and non-judgemental advice from organisations such as Citizens Advice, Step Change Debt Charity, National Debt Line, Advice UK and Christians Against Poverty. Details are available on the enclosed information sheet.

          If you ignore this letter and fail to respond, proceedings will be issued against you and may increase your liability for costs.

          Yours faithfully,

          Legal Team
          Civil Enforcement Limited




          At first, I thought it must be down to different departments not talking to each other. Then I noticed that the both the PCN reference and the incident date were different to those of the original PCN.

          I don't know what they're playing at, I suppose they're just trying it on.

          Anyway, should I:
          • send another template letter, using the new date and reference?
          • send in the form as well?


          cheers

          Mark

          Comment


          • #6
            You don't recognise any of the details?

            Tell them that this is the first that you have heard about this matter and as they are threatening legal action you demand that they supply you with all the documents that they intend to rely on in court in order to narrow the issues between you.

            At the same time, under separate cover, send a SAR request addresses to the "Data Controller" at CEL. Here's a template

            First class post with a free certificate of posting for both items.

            Comment


            • #7
              Thanks Ostell.

              Originally posted by ostell View Post
              You don't recognise any of the details?
              No.


              I've written both letters as you suggested, and sent them First Class with certificates of posting.

              How long should I wait for a response? Iím thinking about the 30 day deadline for sending back the Reply Form.


              cheers

              Mark

              Comment


              • #8
                The SAR should be be back to you within 30 days. If nothing comes back then your defence is that you deny any liability and they have failed to respond to your request for data so that you can create a meaningful defence

                Comment


                • #9
                  Thanks again.

                  I'll wait for their response.

                  Comment


                  • #10
                    The 30 days is now up. Do I just sit tight and wait for them to make the next move?


                    cheers

                    Mark

                    Comment


                    • #11
                      Nothing from the solicitors either?

                      Comment


                      • #12
                        No, nothing

                        Comment


                        • #13
                          So what should I do?

                          Comment


                          • #14
                            Complain to CEL about their failure to respond to a SAR and you will report them to the ICO

                            Comment


                            • #15
                              I've now received a reply. It includes the following:
                              • letters from CE - which I never received
                              • photo of a sign with parking details
                              • photos of my car entering and leaving the car park
                              The time stamps on the photos show my car entering the car park at 9:04:35am on the day in question, and leaving at 9:31:22am.

                              However, all I did was use the entrance to turn round. The time stamps have obviously been altered. A quick Google search shows that this is not exactly unheard of with these companies.

                              What should I do next?

                              cheers

                              Mark

                              Comment

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