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PCN advice

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  • PCN advice

    Hi need some advice on PCN issued to me from a private company. The incident occurred 29th Oct 2017 and I'm only finding out about It now through a legal company. On further investigation 3 letter were sent to my old address. I moved in to my new property on the 27th Oct 2017. My driving license was changed by 27th Oct 2017 and my V5 form ( with new address) was issued on 17/11/17 ( but clearly was applied for before that date). So the letters issued notifying me at my old address were sent 2/11, 17/11 and the final one 2/12 ( obviously the last one was after had changed my details). If I had recieved them I would have paid it. Legal firm is now threatening court action. Where do I stand? Gave tried explaining this to legal company but they won't deal with the 'dispute' and just want paying.
    Any advice much appreciated
    Tags: None

  • #2
    The companies are only allowed to access the DVLA database once per incident.

    So they have failed to issue a Notice to Keeper with the relevant period and therefore the company can only chase the driver, who they do not know. (I Hope!)

    SAR to the Parking company
    CPR 31.14 request to the legal firm

    Templates in the shortcut panel on this page.

    Comment


    • #3
      Great thank you for the advice.

      Bwl have already sent Me pics of the car and copies of the 3 letters (all addressed to old address), so I guess I don't need to send the CPR form?

      What is the SAR? And I can't seem to finding it on the forum.

      I tried calling the parking company but not its handed over bwl they won't discuss it but have said I can email their complaints dept...

      How would you advise I proceed?

      Comment


      • #4
        Do not talk to them, you xan let slip things not to you advantage.

        So post up the first of the letters, redacted but leave dates

        SAR = Subject Access Request

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        • #5
          Thank you. The 3 censored letters, sent by parking company to old address, attached
          Attached Files

          Comment


          • #6
            Dear Sirs,

            I have received your letter about Notice to Keeper No. xxxxx for vehicle VRM xxxx from your client. That was the first I have heard of this matter.

            Your client failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 by failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. From the documents you supplied I note that they have also failed to give the invitation to keeper as prescribed by 9 (2) (f) of the Act and failed to give the notice of keeper liability in the format required by 9 (2) (f).

            Your client 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.

            Yours etc

            Comment

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