I have received a PCN from Contractual as the registered keeper of the car. The place ( wickes) where the car was parked, use to have a free parking for 90mins, perhaps is the reason the driver parked there. Can someone please advise how to go about this as the registered keeper of the car? I have uploaded the PCN. Thank you.
Contractual PCN @ Wickes
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Try sending this to them:
Dear Sirs,
I have 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 specify the period of parking to which this notice applies as prescribed by section 9 (2) (e) 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.
I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.
Yours etc
Sometimes it shuts them up.
If it doesn't, post their response on this thread.
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Typical response that does not address the point raised about the NTK being non compliant.
Up to you how you approach this now:
i) ignore and you will be chased and eventually they will probably initiate a court claim.
This can be successfully defended (altho' small claim is a bit of a lottery sometimes!) but it does take time and effort
ii) appeal to IPC, but that is generally a waste of time
iii) pay the reduced amount.
I would let them try court, but my circumstances aren't yours, and I enjoy a day out!
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So if you don't pay G24 will request a debt collector pursue you for the alleged outstanding amount.
So what? DCAs have no power to do anything except write more letters, sometimes with red ink!
I would continue ignoring until such time I received a "Letter of Claim" or genuine court papers.
If and when that should happen, feel free to come back to this thread
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Ok so you now write to DCBLegal along the lines of your original letter to the parking company, and telling them you will vigorously defend any court claim they may initiate.
Funnily enough I heard today that DCBLegal actually lost a case this week on this very point that the NTK did not specify a period! (some you win, some you lose!)
Happy Christmas
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