PCN Help

[poolielad]

Hi, I have just recieved this PCN and I think it is unjustified. It says I was parked at the point where it shows in photo, I think from memory one of us was driving and decided to swa drivers, we were maybe stopped for for 20 seconds. The photo isnt clear at all to show that we were in the car. How long to do have to be stopped for to be considered parked?? We were parked in the parking bays to drop son off at airport then drove off and if my memory is correct we stopped were it shows in pic to change drivers!!! Surely they can`t say we were parked and get away with fining us for that!!! Should I be appealing this, if so, what should I write and say tho them, can I ask for more evidence, i,e clearer picture, video evidence etc. Any help would be appreciated. PCN notice is below.

[des8]

That is all I would tell them at this stage.
If you know it, you could give them his new address which should stop them writing to your address.

[poolielad]

If he has moved abroad and won't be returning (at least for sometime) tell them.

If they continue with the claim and a county court judgment is awarded against him, the parking company will get nowt as it won't be easy for them to pursue him abroad.
You cannot defend the claim for him, but they also cannot enforce the judgment against you and you should bot be receiving visits from any court enforcement officers.

Sorry I feel really stupid asking all these question, so this last letter is from bwleagal..... So should I just email them (bwbegal) and just say the person you are looking for no longer lives at this address, he is now living abroad, or should I add anything else the email??

I just want you to know that I really appreciate the help and advice you are giving me.

[des8]

If he has moved abroad and won't be returning (at least for sometime) tell them.

If they continue with the claim and a county court judgment is awarded against him, the parking company will get nowt as it won't be easy for them to pursue him abroad.
You cannot defend the claim for him, but they also cannot enforce the judgment against you and you should bot be receiving visits from any court enforcement officers.

[poolielad]

If the letter is addressed to someone else you should not have opened it!
It is no use you responding to the letter, except to tell them the person doesn't live there or to forward the letter to the addressee
If you are not the one they are claiming against you will not be going to court!

Perhaps you could explain the position

Basically its my sons car, (now scrapped car), but he as just moved out of the country... But I dont want no baliffs coming to my house.

[des8]

If the letter is addressed to someone else you should not have opened it!
It is no use you responding to the letter, except to tell them the person doesn't live there or to forward the letter to the addressee
If you are not the one they are claiming against you will not be going to court!

Perhaps you could explain the position

[poolielad]

I dare not risk going to court, if I offered £10 per month would they have to accept, the only offer on the letter is to pay £85 per month!!
The person who the letter is addressed to dosent live with us now....

[des8]

They might, they might not, but if they do you have a good defence and might even be able to persuade the judge that they were unreasonable in initiating a court claim where they have no chance of winning and so award you your costs

[poolielad]

I would suggest a response along the following lines:

Dear Sirs,

I am in receipt of your letter of dd/mm/yy. regarding an alleged unpaid parking charge.

For the record I have already informed your principals that I do not recognise their charge as valid by letter dated dd/mm/yy.

The driver of the vehicle at the time of the alleged event has not been identified, and there is no legal requirement for me, the registered keeper to so identify.(I refer you to Vehicle Control Services Ltd v Ian Mark Edward refH0KF6C9C )
The Notice to Keeper (dated 11th July 2024) did not comply with the mandated requirements of the Protection of Freedoms Act 2012 to transfer liability for any unpaid alleged charges from the driver at the time to me, the registered keeper.

Accordingly I do not anticipate hearing from you further about this matter except to confirm discontinuance.

Yours faithfully

But don't expect them to give up!

Thank you for that, when you say "dont expect them to give up" do you think they would take it to the court they mention??

[des8]

I would suggest a response along the following lines:

Dear Sirs,

I am in receipt of your letter of dd/mm/yy. regarding an alleged unpaid parking charge.

For the record I have already informed your principals that I do not recognise their charge as valid by letter dated dd/mm/yy.

The driver of the vehicle at the time of the alleged event has not been identified, and there is no legal requirement for me, the registered keeper to so identify.(I refer you to Vehicle Control Services Ltd v Ian Mark Edward refH0KF6C9C )
The Notice to Keeper (dated 11th July 2024) did not comply with the mandated requirements of the Protection of Freedoms Act 2012 to transfer liability for any unpaid alleged charges from the driver at the time to me, the registered keeper.

Accordingly I do not anticipate hearing from you further about this matter except to confirm discontinuance.

Yours faithfully

But don't expect them to give up!

[poolielad]

You should respond to this.
I'm busyat the moment, but will draft something for you in a day or two

Thank you very much.

[des8]

You should respond to this.
I'm busyat the moment, but will draft something for you in a day or two

[poolielad]

Update on this, I have just recieved a Letter of Claim............
Not sure what my next steps are, I have just ignored all previous correspondents.
Could I get some advice please?

[des8]

county court small claims track isn't really scary
No wigs etc, just people in suits sitting round a table with the judge at the head and opposing parties opposite each other.
Nothing like the telly, all subdued and speaking only when invited to by the judge, who will often question the witnesses rather than allowing the parties to question each other
All rather a bit of an anti-climax really!

But in any case, altho' they may initiate a court claim, parking companies often discontinue before it reaches court if a robust defence is raised, and sometimes just don't turn up for the big day which is even more frustrating

[poolielad]

So are you saying this will most probably goto court!! Never been to court in my life!! Thats the scary bit.
.