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NCP PCN now legal threat from BWLegal

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  • NCP PCN now legal threat from BWLegal

    Hi

    I will apologise now if I am repeating previous content. If that is true, please could someone link me to the relevant post and I will progress from there.

    I work with a lot of people who do not have English as their first language. I am not suggesting that it is an excuse or a defence; I am saying it can make it difficult for them to understand the process entirely. I was volunteering in a soup kitchen, and one of the kitchen staff was upset with a letter. It was a legal threat from BW Legal demanding £240 for non-payment of a parking charge notice from NCP. I asked if she had the original ticket and she explained she had ignored it and binned it because she had sold her car before the offence. She did complete the V5 sale section; the sale was cash; she has not been able to recall the name of the person, which makes her case impossible to prove. I advised her to get information from the DVLA using a V888 form. She is waiting for that information to arrive.

    In the meantime, I have scripted a SAR to BWLegal in the hope it will show the dates of the infringement and PCN. Is that correct, will the SAR show that information. If not, should we contact NCP asking for a copy? The offence occurred in June 2019, as shown in the letter from BWLegal.

    As we discussed the problem in the kitchen, another young man came forward and said he had the same issue. I checked his PCN, and it was also NCP but for a different location. The method of tracking was ANPR, and they took 35 days to send it via post. I drafted a simple letter reminding them of POFA without mentioning the time limit of 14 days, and we await a reply.

    I am hoping the lady's PCN will also not be POFA compliant and she can relax a little. Is it too late to invoke this as a defence? I hope it will not proceed to court if it transpires they have not complied.

    You will notice I say "hope" quite a lot because I do not profess to be an expert and am trusting someone more knowledgeable can advise me.

    Many thanks

    Changy
    Tags: None

  • #2
    Any ideas on this, please? The PCN was non-compliant, and the NTK was issued 35 days after the offence. We wrote to them, but they ignored everything and issued a court summons?

    Comment


    • #3
      Sorry this seems to gave been missed.


      If this is two incidents can you split it into two seperate threads to reduce confusion


      Without a windscreen ticket the PCN has got to be delivered within 14 days.If they don't know the identity of the driver, and there is no requirement to provide the information, then they can't hold the keeper liable. And this is a defence in court

      If a person was not a keeper of a car, nor driving, then they can't possibly be liable.POFA assumes, unless thecontrary can be shown, that the keeper is the registered keeper

      Here's* POFA**http://www.legislation.gov.uk/ukpga/...ule/4/enacted* paragraph 9 is probably relevant

      Comment

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