PCN overload

[Trog-girl]

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[ostell]

Load of rubbish. Contact them again and ask them why they are referencing the PCN as a "Notice to Owner" when there is no such definition within POFA. Also reiterate that failing to deliver within 4 days is a failure to comply with POFA and any time limitations they care to apply are entirely irrelevant

[Trog-girl]

I don't think I have the time or mental capacity to fight this one, I am thinking of paying it and focusing on the other 3 on the basis of their inability to give notice within 14 days

[Trog-girl]

Now this, what am I supposed to do now? This is getting more and more stressful IMG_20201012_164102.jpg

[ostell]

This is unbelievable!

yet another letter to them.

You agree with the statement about having 6 months to get keepers details from the DVLA but to make the keeper liable for the breach by the driver then they have to deliver the Notice to Keeper within 14 days

You are stating that POFA is irrelevant and does not apply then please explain how you propose to transfer that driver liability to the keeper.

There is no requirement in the Act for the keeper to identify the identity of the driver, contrary to your statement that the driver should inform you.

You do not want to hear their lies and mistruths again and continued communication would cause further distress amounting to harrassment. Please see Ferguson v British Gas for the results of continuing harrassment

[Trog-girl]

Can I also include this statement in my next letter, as they failed to use the correct wording in 3 of the 4 PCN's

to comply with all the requirements of POFA to hold you liable for PCN xxxxx and they have singularly failed to state 9 (2) (f) correctly. For your reference 9 (2) (f) states:

warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

[ostell]

I think to not include it this time, keepe powder dry. You are asking them to explain how they are holding the keeper liable when they are not using POFA.

Give them enough rope and see if they hang themselves

[Trog-girl]

This is what I've written... Is it too much then!?..

You continue to harass me on a matter you quite clearly don't seem to understand!
I understand you have 6 months to obtain keepers details from the DVLA but to make me, the keeper, liable for the breach by the driver then you are still required to deliver the Notice to Keeper, me, within 14 days of incident. All three of these PCN's fall way beyond this period of time.

You have also failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 by failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act on all 3 of these PCN's. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper. I can send copies of them if you cannot be bothered to look properly or use the correct formats!

If you are stating that POFA is irrelevant and does not apply then please explain how you propose to transfer that driver liability to me, the keeper.

There is no requirement in the Act for the keeper to identify the identity of the driver, contrary to your statement that I should inform you of the drivers name.

I do not want to hear from you again except to tell me you will no longer be pursuing these PCN's, continued communication is causing me further distress amounting to harassment. Please see Ferguson v British Gas for the results of continuing harassment. I will not be intimidated any longer.

[ostell]

Send it

[Trog-girl]

I'm feeling concerned about timing as I'm not keeping up very well here with my response time, does this need to go tomorrow? As I will struggle to get it printed and sent being that I'm not at work,but will try to if it's important.. But considering it's the weekend anyway sending Friday might be just the same?
Also at what point should this defer to appeals? They seem to be inferring that I take that route now? What happens then?

[ostell]

I do think there is any rush to get it to them, they have not given a deadline. They are just trying to wear you down.

As this is the IAS then the next stage would be that you are offered a chance to appeal to the IAS. You ignore this until/if they send a letter before claim.

[Trog-girl]

Here we go again!

[ostell]

Please see my letter of the 14th October, (the one in post #38). Please be so kind as to read carefully and respond to the questions asked therein.

[Trog-girl]

Hi Ostell, they have now transfered 2 of the 3 pcn's to debt collectors. I haven't received the letters as they have used my previous address so were returned to sender, but I have looked on line and found that this is what they have done. I am concerned as to what I do next if they do manage to catch up with me at my correct address!

[ostell]

You should tell them your address for service in case they do go to court