Letter From Debt Collection for PCN dated in 2013 .

[BrightDowns]

Hello Legal team,

I need some advice on this letter I received please.
The Brief content of letter say - Demand for payment of unpaid PCN dated back in 06/2013 for 149£

History :
In 2013 ,We were living in an apartment which had an allocated parking space. It was at the back of the apartment. we were living at that address for 3 and half years. and six months after the date of PCN.

I want to fight, as I don’t trust the Debt collectors couldn’t find us for 4 and half years now. As the ticket was from june 2013 and we moved home in Dec 2013. Since Dec 2013, we are at one address( again no reason they couldn’t find us).
I, don’t remember if ever we got a parking ticket, while living there. If we got, we had 6months to deal with it while we were living at the same address.

If , I assume I got a ticket, and I missed it, I can only think of few possibilities.

1. I have a little boy who was 2yr old in 2013, if he was sleeping in car ,I would park in front of the apartment for few minutes to carry him into apartment , so it is convenient, rather than carrying from a far allocated car park space. And immediately go back to park the car in our allocated space.
2. If I had some heavy shopping to carry, I might have once or twice just parked the car for few minutes to take the shopping up the stairs and immediately parked the car back.
3. The apartment management changed the Car park Space permits. It was delayed to reach us in post by couple of day. So the car was park in our space but with out permit for few days. I remember checking with the owner for the permit, and asking for one to be sent soon.

I can’t believe the debt collectors for the PCN couldn’t hunt us down for the past 4 and half years. So, I want to fight back.

Please can you go through the following letter I received and advice me , how to formally write to them and any examples I can state or any information I can use to fight back will be really helpful. Many Thanks in advance.

The letter says following

Ref no : XXXXX
Date of notice : this month beginning
PCN date : 06/2013
PCN No :
Vehicle Registration No : XXXXXXX
Creditor – Uk car park Management Ltd
Location : XXXX of our old address
Reason : Not displaying valid permit.

Dear XXXXXXX Name

We are writing on behalf of the creditor in relation to an unpaid pcn. Details were originally sent to address provided by DVLA for the registered keeper of the vehicle at the date the parking charge was issued, or to the driver of the vehicle at the time he parking charge was issued (where this information was known)
Due to there being no response following correspondence sent to this address, we have utilised a tracing service which has provided the above new address as your most current address.
The parking charge was issued because the vehicle was parked in a manner where the driver attracted a parking charge as brought to drivers attention via signage and agreed by the driver when the vehicle was parked on private land managed by the creditor.

We now require full payment within 14days of the unpaid parking charge detailed above. If you are the keeper of the vehicle, we strongly advice that you confirm with DVLA that they hold the correct address for the registered keeper, as it is a legal requirement for the vehicle keeper to update the DVLA to change of address. Failure to do so is an offence which could result in prosecution and fine of upto £1000.
If you believe that the information above is incorrect you should contact us to explain why. Otherwise if payment is not received by 18/01/2018 then further recovery action will take place and additional costs may be incurred.

IMPORTANT INFORMATION – SUPREME COURT DECISION ABOUT PARKING CHARGES – You have probable heard people say that parking charges aren’t lawful and that motorists shouldn’t pay them. However, in November 2015 a parking operator, like our client, took a motorist to court for a parking charge – and won. The supreme court ruled that the parking charge was ;awful. The ruling is seen as an important ‘test case’ for parking operators, like our client. You can find details online at www.supremecourt.uk/cases/uksc-2015-0116.html.
Signed – collection manager.


Any advice to fight back will be very helpful.
Many Thanks for your help,
Kind regards,

[Kati]

Re: Letter From Debt Collection for PCN dated in 2013 .

tagging [MENTION=5553]charitynjw[/MENTION] [MENTION=39331]ostell[/MENTION] xx

[ostell]

Re: Letter From Debt Collection for PCN dated in 2013 .

This looks purely like a debt collectors letter. They can do nothing and so just file and ignore. Come back if you get a solicitors letter or a letter before claim. Some solicitors letters are actually from debt collectors who "borrow" the solicitor's letter head. The warning about the Beavis case is a frightener and that case doesn't apply in private parking. Also a judge has found that it is quite reasonable to stop and unload in a private development without it being considered parking. Have you got a copy of your lease from that time by any chance?

Did you ever receive a Notice to Keeper addressed to you, the keeper of the car?

[BrightDowns]

Re: Letter From Debt Collection for PCN dated in 2013 .

Hi Ostell,

Thank you for the reply.
I might have a tenancy agreement, or can request a copy I am guessing.

As far as I remember, I received when we moved into property in 2010, and then we have requested it to be cancelled and it was done. But that was way back. I don't remember any In 2013.

Should I request actual PCN do you think? or Just leave it ?

Thanks somuch for your help

- - - Updated - - -

Thank you kati.

[ostell]

Re: Letter From Debt Collection for PCN dated in 2013 .

You could just push your luck and tell them you agree that you were the keeper of the car at the time but due to the passage of time there can be no admission of driving. If this was a ticket on the windscreen and you have received nothing else then you can tell them that they cannot, because of a failure to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012, hold you liable for the actions of the driver at the time. You also remind them of the case of Jopson v Homeguard where it cost the parking company over £2000 in a residential case at appeal.