Sirs,Your Ref: PCN # XXXXXXXXXX et
Your demand for monies for alleged breach of your terms of use is rejected on the grounds that it fails to comply with the governing regulations, namely Schedule 4 of PoFA 2012.
Yours, etc.
Impossible in the absence of a “judgement”.
For the avoidance of doubt, I'm obviously not referring to enforcement by PE themselves. I have zero concerns about that, or even having a CCJ recorded against me. I was more concerned about the possibility that they might use the services of the court sheriff, etc., to enforce any judgment against me.Impossible in the absence of a “judgement”.
With no appeal being lodged ...
(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;
(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;
(c)state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f);
(d)if the unpaid parking charges specified in that notice to driver as required by paragraph 7(2)(c) have been paid in part, specify the amount that remains unpaid, as at a time which is—
(i)specified in the notice to keeper, and
(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));
(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; or
(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;
(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—
(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (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;
(g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;
(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;
(i)specify the date on which the notice is sent (if it is sent by post) or given (in any other case).
Could do with seeing the PCN
10. The driver wonders if the invoice might be successfully challenged by arguing, for example, that there is no contract between him and the PPC.The contract exists if there’s an offer made by the signs, if the driver was able to consider the offer and choose to accept it, and accept the offer and enter into a contract by parking. I’m not a lawyer so that may be a slight paraphrase, but it seems like all these things were done.