Hi,
This is my first post and I apologise for the length of this post.
I have been following these pages for some weeks now as I am in the same boat as many others.
My
PCN notice seems to be steadily growing more urgent and is getting to the "closing stages".
If anyone can advise I would appreciate it.
Here are the details:
Someone (legally) borrowed my car and parked in a car park of a Public House for 2 mins, heavily signed with parking notices. They popped out for those 2 mins to go to the building next door. They came back and drove off.
2 weeks later the
PCN arrived on the doormat claiming the
parking ticket was ignored. No ticket was ever issued. They claim that I, as the RK, am liable for the £60, though this was going to be £85 for no-payment of the non-existent ticket.
I wrote back using the templates in this thread saying I was not the driver and I would not be paying.
They wrote back saying that they have "verified through audit trail of evidence" that the car contravened the terms and conditions. They state that they process the PCN under the Road Traffic Act 1991. They go on to state that the owner of the vehicle is liable and they have checked via DVLA to get my details.
I wrote back again saying that I am the RK but was not the driver and that I would not be paying. I also asked them to provide me with the "evidence" they had used.
They wrote back (with no evidence) saying that I now owe £135 and should pay to stop legal proceedings and they would register the debt with the
county court. The debt would then be placed with bailiffs.
I wrote back (yet again) and asked for the evidence once more. I invited them to take me to court. I still dispute the claim against me and used the "cease and decist" paragraph.
They have written back again and his time sent 4 pages of Case Law with it that they would draw upon in court, none of which mentions anything about my situation. It also tries to bully me into naming the driver under section 143 (1) of the Road Traffic Act 1988 whereby if I state that i do not name the driver I am in neglect because the person who drove my car may not have been insured.
They have given me 14 days to respond.
I have not replied to them yet.
Any thoughts please?
Thanks