Free Traffic Legal Advice

No PCN has ever been received

You are correct about the change of address and failure to update V5C immediately upon moving home. However, I did update those details early in November 2024, which was about 10 days after the alleged contravention took place.

'We have previously written to you...'

So we appear to have two notices sent to different addresses albeit the same addressee?

This is a f*****g farce and touches on what I wrote in another post yesterday: they have completely lost the plot

OP, no-one wrote to you previously, how could they, the addresses are different if what you say is correct.

Next, even the first notice, Notice to Keeper, DID NOT demand payment from you, at best it notified you that the DRIVER was liable, invited you to pay to relieve the driver of their liability and that if payment by either you or them was not received then the MAY exercise their right to hold you liable. Sending this nonsense DRA letter is not them exercising that right because such a letter should say so. It's not rocket science.

If I were you, I'd write back to the creditor(UKPC?), refer to their claim to have written to you before, tell them you did not receive this correspondence and ask them to check the address they used and compare it with the one in this notice. Tell them that you have also contacted their Data Protection Officer at the email address provided to request copies of previous correspondence and that you await these responses. 

Also, their claim is that YOU are liable. This is legally incorrect. To quote from the Act:

[The right to enforce against the keeper is subject to this condition:]

(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.

Therefore the creditor MUST at every stage before legal proceedings INVITE the keeper to name etc. the driver.

But the notice doesn't, in fact it states the opposite.

I'd complain to the BPA.

OP, one process step at a time pl.

I have received a notice of debt recovery letter today for a parking offence

But you did not receive any prior notices.

So, get hold of whatever has been sent otherwise you're blind.

Can't tell you who to contact because we don't know the creditor.

So, post the notice of debt recovery letter pl and let's go one evidential step at a time.

Thank you.

IMO, your son cannot submit a TE9 - Witness Statement - unless one of the limited grounds applies. These have been set out in their reply.

The only one which could apply is 'Did not receive the NTO', but of course this depends upon whether the NTO was received. The NTO was issued on 30 July, which ties in with their response to the informal challenge dated 8 July. Their letter also refers to '3rd party representations' being made on 30 Aug, which (sort of) ties in with with the NTO (albeit the reps were made late) but these were not disregarded for lateness, but were for invalidity because they were not made by the addressee on the NTO.

If the above is correct, then the NTO was received and a TE9 may not lawfully be made because your son would be making a false declaration and therefore subject to prosecution - this isn't being written to frighten or intimidate, it's the law and I see no reason to sugar-coat this reality.

So, no TE9 = min. charge of £165 unless their offer of paying £55 is accepted.

Others will have views.

Just wait for the authority's response.

Your reps were rather long for what essentially boils down to:

PCN issued to me as keeper of vehicle VRM GY22JDX, a black Volvo however, as can be seen in the authority's pictures and video, the vehicle concerned was a Mercedes.

Let's hope the authority can see the wood for the trees.

The rejection has been written by an idiot without any regard to the process position of this PCN. But whether this could be developed, I don't know.

The letter states the following:
You can pay the discount of £65 if paid by 13th December;
You could have(NOT can, could have) paid £130 by 7 November;
The owner should now have a NTO demanding payment of £130 no later than 6 December with no discount option.

So, you can pay £65 - whether in full settlement or as an instalment who knows- whereas the owner must pay £130.
If you are not the owner(and how would the council know at this stage and how could YOU be expected to know what the owner might have received) then 2 penalties are being demanded concurrently: £130 from the owner and £65, or is it £130, from you.

Clear as mud. 

the other being the lower level parked outside the bay).

IMO, this applies only to parking places with 'park wholly within' restrictions.

There's no such provision within the GLC etc. Act.

I think you know the answer!

You can see the SYL placed in conjunction with the zig-zags and you know you're within a CPZ - otherwise why have a permit- and if there wasn't a restriction on the opposite side of the carriageway then motorists would be queuing to park in this oasis of free parking.

The alternative would drive a coach and horses through daily and weekly area restrictions because the No Stopping is for fewer days and hours than the parking bays, even without 'event days'.

My initial thoughts are that your defences as regards what we know would include:

It is recommended best practice that the SYL should be signed and not simply rely upon a motorist knowing they're within a CPZ and its hours, therefore why have the council not placed these signs with the No Stopping sign to avoid confusing motorists. There have been successful adjudications on this point, but also losing ones.

Why was your car towed? The council's response was limited to applying its policy regarding towing to the circumstances referred to in the PCN and not to any prospective breach of a No Stopping prohibition at some future time i.e. the events on Sunday and not a concern that you could have been there when No Stopping kicked in on the Monday;

Others will have comments.

Can't find it in the London Gazette.

OP, I suggest to write to TfL and ask them.

This might help: trafficordersection@tfl.gov.uk