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Messages - Mizew

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Notice of Enforcement for a PCN 6 months ago

Hi all,

I received a Notice of Enforcement 05/09/2024 today for a PCN (ZY0922378A) I was completely unaware of back from 22/03/2024. My reg is K55 TDR.

The PCN was because I went through a pedestrian zone in Lewisham (1 Upper Brockley Rd
https://maps.app.goo.gl/KcWnXDqM4YyjqxR3A?g_st=ac) 3 minutes past the time I was allowed to. I would have paid the original £75 or probably asked for discretion had I known about it but alas, I did not.

I've received a Notice of Enforcement from Newlyn for £280 total. I have had zero correspondence from anyone about the PCN up until this point and I haven't made contact with them yet.

I also moved house around this time and changed my log book a little late but within a month. And I even asked my previous residence for any mail.

Here's a timeline:

17/03 Moved house.
22/03 PCN issue date.
17/04 V5C Log Book updated
22/04 asked previous landlord for any mail, which there was none
05/09 Notice of Enforcement (first knowledge of PCN)

I really just want to know where I stand here. I'd love to get out of not paying it as everything about it is frustrating to me and I'm strapped for cash at the moment. If not I'll have to set up some kind of payment plan with them.




2
Sorry for the confusion, the registered keeper has changed the vehicle's v5c since being notified of the error. Aswell as that it was the registered keeper who has received the debt recovery letter.

Onto the 'frustration of contract', the driver drove into the car park to top up on oil and over filled due to personal incompetence. The mechanic they called said that this could flood the engine if started and that it should be pumped out or drained before moving off. It was never the driver's intention to stay for longer than half an hour, let alone 4 hours.

Does this fit with 'frustration of contract'?

3
The driver went on a trip to Devon and the car had some issues, went to a Halfords and managed to fix the issue with help over the phone from a mechanic who recommended not to drive the vehicle untill it was fixed. The driver then spent 4ish hours broken down in a car park (fixing the issue) that had a maximum stay of 3 hours.

The driver has not been driving for too long and wasn't aware of changing the vehicle's log book address and so the parking fine and follow up letters got sent to an old address and DRP have traced the driver's new address and have sent a final letter ordering payment of £170 for the pleasure of being broken down in a carpark in Yeovil.

One DRP phone agent suggested the driver may be able to appeal if they had receipts for a recovery service or a mechanic. But as they fixed it themselves they only have receipts from Halfords

According to DRP as this is the final notice the driver cannot appeal against this parking fine and the driver asked if hypothetically the driver was to not pay, where this could lead and was told it could be taken to court.

The driver and vehicle was in the car park for longer than the permitted time however the vehicle was not in a driveable condition untill it was fixed.

Should they just suck it up and pay DRP to save the aggro?

Is the driver fighting a losing battle?

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