Parking Eye ANPR PCN PAPLOC , KFC Ellesmere Centre, Walkden

[Nicky Boy]

They've decided the next step for you...

"As a Letter Before Claim has now been issued, we are unable to consider any further correspondence."

So they don't want to hear from you.

 

Guys... On more of a technical note, the quote from their letter would seem to fly in the face of PAP requiring all parties to carry on negotiations with a view to settlement prior to actual court action?

Would quoting this in a future WS carry any weight?

[dx100uk]

not really.

ignore the letter.

they have 6yrs, just dont move without informing your creditors.

[lookinforinfo]

Well done for not revealing who the driver was  especially as the PCN does not comply with the Protection of Freedoms Act 2012 so the keeper cannot be held liable for the charge. The driver is still liable but as hundreds of people have with the right insurance the ability to legally drive the car they will have their work cut out trying to find who was driving.

The PCN is non compliant for two reasons.

The most important one is that they have missed off  crucial wording in a section where the Act requires that it is included.

Under Schedule 4 S9[2][ of the Act  it states  

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges; 

There is nothing on the PCN that states the keeper should pay the charge. Therefore the PCN is not compliant.

The second thing wrong is on Schedule9 [2][a]  

2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

What your PCN does is to state the arrival and departure times of the car. AS that included driving from the entrance to the parking place then later  driving from the parking space to the exit cannot be described as a parking period.. Another fail.

So just relax and tell the keeper that you are both in the clear and PE should not take you to Court [though they may well try] since they are bound to lose. Keep the above information to yourselves at the moment and keep it for the Witness Statement should it get that far.

You can safely ignore all the debt collectors and legal letters you receive except where the solicitor heads the letter with something like Letter before Claim then let us know and we will point you to where you reply letting them know that you are not afraid of going to Court and you are certainly not paying them a penny.