Parking notice PCN

[louise_a]

Way back in 2010 (six years ago) I parked in a carpark and when I put my money in the machine no ticket came out, so I struck a note on my windscreen and thought nothing more until a month later I received a PCN.
I exchanged various letters explain the situation and received threats of legal action. After about a year I heard nothing more..... until today when I received a letter from a company called BW legal demanding payment of £140 or they would take court proceedings.

Now I know in the meantime the laws on private parking have been changed but presumably they were not backdated.

Anyone else had anything like this happen? is it best to ignore it or get in touch with this company?

 

[Hosel Fade]

Have a look at a forum called pepipoo, they are the most clued up re this stuff

 

[SaintHacker]

Don't pay it. There are plenty of websites that will giv you good advice about this. Pepipoo as has been mentioned, consumer action group, honest john, moneysaving expert etc etc. Just have a good look through google you will find tons of good advive.

 

[chrisd]

As Hosel Fade says Pepipoo are your friend. If it's a private parking ticket it's not a fine it's an invoice. If a debt collection firm contacts you by phone just tell them that "the debt is denied" and they should refer back to the parking company where, if you take Pepipoo advice you should get off quite easily

 

[guest100718]

if it over 6 years then quite possbily its statute barred, unless they took you to court? otherwise tell em to suck it.

 

[Hobbit]

If it's a private car park ask them to prove consequential loss. If they can't prove that in court you have no case to answer.

Don't let it go to court unchallenged. If you do and the ruling goes against you, which it would without a defence being submitted, they could send in the bailiffs. It would see a CCJ against your credit rating.

 

[Crazyface]

If it's a private car park ask them to prove consequential loss. If they can't prove that in court you have no case to answer.

Don't let it go to court unchallenged. If you do and the ruling goes against you, which it would without a defence being submitted, they could send in the bailiffs. It would see a CCJ against your credit rating.

Nuts to that. Get their address, pop over to speak to the MD, punch his lights out...(take a mate in case he's a big bugger).

 

[ger147]

Way back in 2010 (six years ago) I parked in a carpark and when I put my money in the machine no ticket came out, so I struck a note on my windscreen and thought nothing more until a month later I received a PCN.
I exchanged various letters explain the situation and received threats of legal action. After about a year I heard nothing more..... until today when I received a letter from a company called BW legal demanding payment of £140 or they would take court proceedings.

Now I know in the meantime the laws on private parking have been changed but presumably they were not backdated.

Anyone else had anything like this happen? is it best to ignore it or get in touch with this company?

BW Legal are debt collectors, not the original car park company. So be careful how you tread as they will be much more efficient than the parking company at wrecking your credit rating etc. if you simply ignore them...

 

[woody69]

BW Legal are debt collectors, not the original car park company. So be careful how you tread as they will be much more efficient than the parking company at wrecking your credit rating etc. if you simply ignore them...

This is just scare mongering.

 

[ger147]

This is just scare mongering.

?????

Was just passing on factual information i.e. it's no longer the car park company, it's a debt collection company.

Personally I would take advice before deciding how to proceed.

 

[chrisd]

Sorry Louise I missed that it was 2010 The good news is that the new/current rules weren't in existence then. Private companies had to prove in court that they were taking to court the driver of the car not the registered owner, so unless you told them you were driving they were bound to prove it was you - they couldn't speculatively issue a summons in the hope of you admitting in court that you were the driver. Then there was, and still is, the question of GPOEL, A General Pre Estimate of Loss, ie they could only charge the actual amount that it cost them when you didn't pay. I believe today a court would be required to judge a case on the law as existed at the time.

Finally, debt collectors can't issue a summons for their client and if they contact you all you have to say is (or write and say) " the debt is denied" then if they continue to hound you it is possible to claim harassment against them.

I hope this helps, but PLEASE, do not pay them - you cannot get a credit black mark from them, a CCJ can only affect your credit rating if they sue you, win, and you don't pay within the time limit - that's not going to happen there is plent of help on Pepipoo!

 

[TonyN]

In addition to ChrisD,

In civil court the onus of proof is on the plaintiff. They must prove that defendant is guilty of the allegation.
The onus is not on the defendant to prove thier innocence.

So, quite simply, if they do not have conclusive, chronilogical proof which shows the continuity of the alleged stay, they have no chance of proving in court that you were there for the specified times.

This company probably dig up all of the old unsettled cases and chance thier hand at crossing ill informed culprits who fall for the fancy desiged invoices and well worded letters.

Instruct them not to contact you further and point out the protection from harassment act which only requires 2 or more seperate incidents that amount to a course of conduct before the offence is complete (assuming you are harrassed)

 

[chrisd]

In addition to ChrisD,

In civil court the onus of proof is on the plaintiff. They must prove that defendant is guilty of the allegation.
The onus is not on the defendant to prove thier innocence.

So, quite simply, if they do not have conclusive, chronilogical proof which shows the continuity of the alleged stay, they have no chance of proving in court that you were there for the specified times.

This company probably dig up all of the old unsettled cases and chance thier hand at crossing ill informed culprits who fall for the fancy desiged invoices and well worded letters.

Instruct them not to contact you further and point out the protection from harassment act which only requires 2 or more seperate incidents that amount to a course of conduct before the offence is complete (assuming you are harrassed)

I would just clarify that under the new rules (2014 I think) a parking company can sue the registered keeper if they don't tell who the driver is, but, I still would never pay a private parking fine as there are other ways to beat these scammers

 

[Fish]

A creditor can't/mustn't demand payment for a statute barred debt, which is 6 years.

No company should threaten you with court action on a statute barred debt as court proceedings are not possible in those circumstances!

Any company cannot attempt to recover a statute barred debt if they have not contacted within that 6 year period.

Here is a good template letter to use when you believe that any debt being chased by an original creditor or a third party who has purchased the debt falls into the 6 year statute barred criteria.

http://1534-presscdn-0-63.pagely.ne...nt/uploads/Statute-Barred-Template-Letter.pdf