If you are prepared to "negotiate" a lower amount, then you are admitting liability. If you think you owe a debt to PCM, just because they say you do, then pay them. It's your hard earned money and they rely on the low-hanging fruit on the gullible tree paying into their scam.
When they send an LoC, so what? They will also issue an N1DT Claim Form from the CNBC through MCOL. However, you don't owe a debt unless a judge says you do.
You have already had the reasoning as to why you cannot be liable for the alleged debt. If you think we don't know how to defend a claim, then you are free to do whatever you want. All we ask is that you don't ask us for further advice as it takes up a lot of our time and we have hundreds of ongoing cases that we are successfully dealing with.
BY the time the claims is filed and defended, you will have an opportunity to offer the scammers some of your money at the mandatory mediation phone call. We normally advise to offer £0. Mediation is only mandatory to attend the call. There is no requirement to offer anything. It is not part of the judicial process and no judge is involved and it has absolutely no bearing on the claim moving forward.
What CCJ? Do you have any understanding of how someone gets a CCJ? Nothing we advise on here will make anyone get a CCJ.QuoteA County Court Judgment (CCJ) does not just happenit follows a clear legal process. If someone gets a Parking Charge Notice (PCN) from a private parking company, here's what happens step by step:1. Parking Charge Notice (PCN) Issued The parking company sends a letter (Notice to Keeper) demanding money.
This is not a fineits an invoice for an alleged breach of contract.
2. Opportunity to Appeal The recipient can appeal to the parking company.
If rejected, they may be able to appeal to POPLA (if BPA member) or IAS (if IPC member).
If an appeal is lost or ignored, the parking company demands payment.
3. Debt Collection Letters The parking company might send scary letters or pass the case to a debt collector.
Debt collectors have no powerthey just send letters and can be ignored.
No CCJ happens at this stage.
4. Letter Before Claim (LBC) If ignored for long enough, the parking company (or their solicitor) sends a Letter Before Claim (LBC).
This is a warning that they may start a court case.
The recipient has 30 days to reply before a claim is filed.
No CCJ happens at this stage.
5. County Court Claim Issued If ignored or unpaid, the parking company may file a claim with the County Court.
The court sends a Claim Form with details of the claim and how to respond.
The recipient has 14 days to respond (or 28 days if they acknowledge it).
No CCJ happens at this stage.
6. Court Process If the recipient defends the claim, a judge decides if they owe money.
If the recipient ignores the claim, the parking company wins by default.
No CCJ happens yet unless the recipient loses and ignores the court.
7. Judgment & Payment If the court rules that money is owed, the recipient has 30 days to pay in full.
If they pay within 30 days, no CCJ goes on their credit file.
If they dont pay within 30 days, the CCJ stays on their credit file for 6 years.
Conclusion
CCJs do not appear out of thin air. They only happen if: A parking company takes the case to court.
The person loses or ignores the case.
The person fails to pay within 30 days.
If you engage with the process (appeal, defend, or pay on time), no CCJ happens.
A County Court Judgment (CCJ) does not just happenit follows a clear legal process. If someone gets a Parking Charge Notice (PCN) from a private parking company, here's what happens step by step:1. Parking Charge Notice (PCN) Issued The parking company sends a letter (Notice to Keeper) demanding money.
This is not a fineits an invoice for an alleged breach of contract.
2. Opportunity to Appeal The recipient can appeal to the parking company.
If rejected, they may be able to appeal to POPLA (if BPA member) or IAS (if IPC member).
If an appeal is lost or ignored, the parking company demands payment.
3. Debt Collection Letters The parking company might send scary letters or pass the case to a debt collector.
Debt collectors have no powerthey just send letters and can be ignored.
No CCJ happens at this stage.
4. Letter Before Claim (LBC) If ignored for long enough, the parking company (or their solicitor) sends a Letter Before Claim (LBC).
This is a warning that they may start a court case.
The recipient has 30 days to reply before a claim is filed.
No CCJ happens at this stage.
5. County Court Claim Issued If ignored or unpaid, the parking company may file a claim with the County Court.
The court sends a Claim Form with details of the claim and how to respond.
The recipient has 14 days to respond (or 28 days if they acknowledge it).
No CCJ happens at this stage.
6. Court Process If the recipient defends the claim, a judge decides if they owe money.
If the recipient ignores the claim, the parking company wins by default.
No CCJ happens yet unless the recipient loses and ignores the court.
7. Judgment & Payment If the court rules that money is owed, the recipient has 30 days to pay in full.
If they pay within 30 days, no CCJ goes on their credit file.
If they dont pay within 30 days, the CCJ stays on their credit file for 6 years.
Conclusion
CCJs do not appear out of thin air. They only happen if: A parking company takes the case to court.
The person loses or ignores the case.
The person fails to pay within 30 days.
If you engage with the process (appeal, defend, or pay on time), no CCJ happens.
Updating the V5C after the event is irrelevant. PCMUK can only request Keeper data once. The DVLA database is not something they can simply access whenever they want. After receiving no response, they passed the case to BW Legal to act as a debt collector and they did a simple credit search to find the Keepers current address.
However, PCMUK still have two possible addresses for you and they could send any claim to the old address, where the Keeper would know nothing about it and get a CCJ by default. The Keeper must send a Data Rectification Notice to the DPO at PCMUK and instruct them to update the Keepers current address for service and to erase the old address. The highlighted words are there for a reason so use them.
For now, BW Legal is acting as a debt collector and can be ignored until they send a Letter of Claim (LoC), which they will, in due course. When you receive that, show it to us and we will provide a suitable response.
For some obscure reason you have redacted the most important information we need to see on the Notice to Keeper (NtK), which is ALL dates and times. Please repost that with the relevant data we need to see.
There is no requirement for the parking operator to issue a windscreen Notice to Driver (NtD). A postal NtK is all they need. However, it is obvious to us, that the NtK is not fully compliant with ALL the requirements of PoFA 2012 in order to be able to hold the known Keeper liable for the charge. Only the unknown (to PCMUK) ) driver can be liable.
There are other items that are fatal to any claim, which will come. The signage is incapable of forming a contract as it is prohibitive and offers nothing. Also, the operator was required to put up temporary signage for a duration of not less than 4 months which clearly notified that the terms of parking were new or had materially changed. Were those signs in place?
You also mention that this location was some sort of residential parking area? Was this something to do with the Keepers residence?