PCN from 2015 (no Notice to Keeper served) - BW Legal Claim

[Dragonswife]

How do I stand if I have never received a Notice to Keeper relating to an alleged failure to pay for a ticket?

I'm being contacted by BW Legal relating to a charge from Excel Parking (dated 2015) but despite me asking for a copy of the Notice to Keeper, they haven't yet sent it.

The last correspondence was in January 2017 - can I go back and say that as they've failed to supply this NTK I believe that Excel have not met the conditions required for Keeper Liability to apply?

Am I right to believe that this is the case
. A notice to keeper must be served not later than 14 days after the vehicle was parked

I'm not sure if I'm even on the right track, so any help would be appreciated.

[Kati]

Re: PCN from 2015 (no Notice to Keeper served) - BW Legal Claim

[MENTION=5354]mystery1[/MENTION] [MENTION=5553]charitynjw[/MENTION] ??

[charitynjw]

Re: PCN from 2015 (no Notice to Keeper served) - BW Legal Claim

Hi Dragonswife

To comply with Protection of Freedoms Act 2012 (PoFA) Schedule 4 & thus transfer liability from the driver to the registered keeper (RK), the parking company must:
Where there was a Notice to Driver (ie a windscreen PCN or notice handed to driver), serve a Notice to Keeper 29 to 56 days after the parking event. ('Serve' means that it is deemed to be received by you)
Where there was no Notice to Driver (eg ANPR), the Notice to Keeper it must be served within 14 days of the parking event.

The word 'deemed' is important - if a notice served by land mail has been correctly addressed, stamped & posted, it will be 'deemed' to have been delivered in 2 working days. It would be up to the person so notified to prove that they did not receive it, or that it was not 'brought to their attention'.

The 'contract' is with whoever was the driver at the time of the parking event. PoFa allows transfer of liability to the RK. If the parking co finds out the name & address of the driver they can abandon PoFA & chase the driver re common law breach of contract. In this case the above time limits don't apply, & they have 6 years (Limitation Act s5) in which to enforce.

So it is usually in the RK's best interests not to ID the driver.

[Dragonswife]

Re: PCN from 2015 (no Notice to Keeper served) - BW Legal Claim

I've finally had "evidence" that my car was in the car park - arriving at 13.55 and leaving at 14.30 - however this was a work day, and I would have been at my desk during that time.

It's taken over 2 years to get these images, and now that they are saying the times I'm supposed to have been there (until now, I had no idea what time this alleged parking took place) how can I defend the claim?

My working hours are 08.00 - 16.30 with an hour for lunch between 12.00 and 13.00

Does the fact that I should not have been in Stockport (a mile from work) at that time, and the lack of Notice to Keeper give me any reasonable defence?

[Dragonswife]

Re: PCN from 2015 (no Notice to Keeper served) - BW Legal Claim

I've thought long and hard, and decided that I intend to fight this charge as I don't believe that I was there

I've drafted a letter, but need some help please

Further to my letter dated 29^th December 2016, requesting evidence to be supplied by 13^th January 2017, I am surprised that you are now contacting me eight months later.

I deny any debt to your client, Excel Parking Services Ltd, and dispute your claim for the following reasons:

1. I am unable to verify any facts relating to the alleged contravention as your client has failed to supply a Notice to Keeper

2. Had your client issued a Notice to Keeper at the time of the alleged contravention, I would have been able to defend the claim as I do not believe I was present at the times stated

3. Your client did not provide any indication of the times that the alleged contravention took place, making defence impossible.

4. In August 2017 (two years and five months after the alleged event, and eight months after my initial request to yourselves), I received photographs that allegedly show my car entering and leaving the car park. I dispute the accuracy of the photographs and question the delay in supplying this information.

5. At the time of the alleged contravention (according to the photographs supplied in August 2017), I was at work and my car was parked in the Company’s on site secure car park.

6. I have attached a copy of a letter from the Company’s HR Manager stating that on the date in question (Monday 9^th March 2015) I was at work between the hours of 09.00 and 17.30.

7. I expect that you will now confirm that no debt is owed, and that the matter is closed


does this sound OK, or is there something I need to add (or not say)?

I've been given 14 days to respond, however it took them 8 months so I'm not worried about a day or two extra!