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PCN dated 2015 National Parking Enforement
DEANO3528
post Fri, 15 Nov 2019 - 20:38
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Some advice on this please.
The scenario:
'Someone' stayed overnight at a Norwich hotel where the parking was advertised as free (they have proof of this claim) - apparently one registers one's vehicle online.
However after many letters (all ignored) they were quite recently sent a summons (also ignored) and today a 'Letter Before Claim' offering settelment of the debt prior to court hearing by 'National Parking Enforcement.
It is apparently well known that this hotel or the company dealing with the scam parking charges, have been doing this for a long time although I believe the hotel is now closed.
The date stated of the perceived infringement is Dec 2015 so do they have any actual right to take 'someone' to court over what is actually a scam? Appreciate your views.

This post has been edited by DEANO3528: Fri, 15 Nov 2019 - 20:40
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post Fri, 15 Nov 2019 - 20:38
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Jlc
post Fri, 15 Nov 2019 - 21:17
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Not a lot to go on but they have 6 years to claim.

Loads of things to potentially attack but we have info...

What's the amount claimed?
Have they complied with Protection of Freedoms Act?
Was the registration entered as required?

QUOTE (DEANO3528 @ Fri, 15 Nov 2019 - 20:38) *
they were quite recently sent a summons (also ignored)

What's a summons? This is a civil matter...

QUOTE (DEANO3528 @ Fri, 15 Nov 2019 - 20:38) *
and today a 'Letter Before Claim'

If the previous letters have been ignored then definitely don't ignore this one!

This post has been edited by Jlc: Fri, 15 Nov 2019 - 21:16


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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DEANO3528
post Sat, 16 Nov 2019 - 11:40
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Amount claimed £160

Read through the forms and haven't seen anything relating to 'Protection of Freedoms Act'

No proof that the reg was accepted which is not unusual (and how the Co-op were screwing their customers by all accounts).

QUOTE
What's a summons? This is a civil matter...

Well that's what 'someone' called it when they told me.


QUOTE
If the previous letters have been ignored then definitely don't ignore this one!

Okay but there is nowhere on the form that states that the fine is not relevant
Either the debt is owed, or partly owed no section for debt not owed!

Not sure how to proceed as it says only 30 days from dated letter to sort. Can't see a date on the letter?



This post has been edited by DEANO3528: Sat, 16 Nov 2019 - 11:55
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DEANO3528
post Tue, 19 Nov 2019 - 18:06
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Sorry to pester any other ideas how to proceed please
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nosferatu1001
post Wed, 20 Nov 2019 - 13:47
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Yes, you respond. You don't use their forms, they're not mandatory


Deny the debt and state you're seeking debt advice, so they are instructed to cease processing for 30 days

Lba responses are everywhere in this site. Sorry to remind you but you have to do your own research and come up with idea first. It's the only way to get used to this site.
Send a SAR to NPE DPO to get all your data within 30 days. Supp"ky a copy of the v5c to prove right to see data.

Also - they can't have been sent a summons and then a lba. That's complete nonsense. The a in lba is the court claim form. Do they have a court claim form? Yes or no. Answer clearly and unambiguously.

The "you" in the above is the registered keepers job.

Do you know if NPE met the requirements of pofa to hold the keeper liable? If you answer NO then you need to work this out.

You also need to be aware the admin feee is an ABUSE OF PROCESS as explained over on the MSE.
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The Rookie
post Wed, 20 Nov 2019 - 13:54
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Protection of Freedoms Act (or PoFA) should be on the NtK, the LBA won't mention PoFA no.

It's not a fine, it's an invoice, you deny the alleged debt.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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Cuthbert
post Fri, 22 Nov 2019 - 11:40
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This is a letter from a debt collector, look who its says to pay.
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The Rookie
post Fri, 22 Nov 2019 - 12:28
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It does, but it appears to be a complaint (enough) LBA that ignoring would be a bad idea.

It would be helpful to see the 'summons' which was clearly NOTHING AT ALL of the sort, because if it was a court claim then NPE already have a default win.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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DEANO3528
post Sat, 23 Nov 2019 - 00:27
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THanks all been away a couple of days so catching up. Will find out off RK where that 'summons' got to
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