Bank Windscreen PCN - parked in BB bay without BB- Merry Hill Shopping Centre

[lookinforinfo]

Both the windscreen PCN and the Notice to keeper do not comply with the Protection of Freedoms Act 2012.

 

There is no Period of Parking mentioned just 14.42 when the photos were taken which is insufficient to qualify as a period of parking.

 

In addition as per Schedule 4 S9[2][f] they are missing the words in brackets "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;"

 

As the have not complied with the applicable conditions, ie no parking period mentioned and the words within the brackets  missing they cannot transfer the liability from the driver to the keeper.

 

As they do not know who the driver is and the cannot assume that the driver and the ke eper are the same person they are stuck.

 

Anyone either in the family or any body who has a valid motor insurance policy has the ability to drive the car so not easy fro the bank to win.

[TheCat08]

OK.  This is all making sense.  Dare say will need to expect more letters from them chasing payment.  Do I just ignore those?  Just worried because of my previous experience with losing the Set Aside with this company !! 

[FTMDave]

But your mate's case escalated so badly because, from the point of view of the court, they ignored court papers (even though we know this wasn't your mate's fault).

 

You'll have plenty of notice of any legal action.  They will almost certainly reject the appeal, then send a reminder letter pretending the amount has increased to £100, after get a powerless third party to send a couple of letters in BIG RED WRITING pretending the sum is now £170, and eventually, maybe, if they have the gonads, send a Letter of Claim.

 

If you read similar threads you'll see examples of the rubbish they send.

[lookinforinfo]

Yes ignore all letters from Bank that are reminders or Final warning letters. And anything from the unregulated  debt collectors as well as Fianl warnings from rent a thug aka their legal company.

Do not ignore any letter that is headed Letter of Claim or letter before Action. Let us know and we will suggest sending them a snotty letter. In fact you can start reading some of our threads now especially in our PPC Successes  to give you an idea of what to say.

[TheCat08]

Thanks guys.  Will keep you updated with the 'expected correspondence' from them.    As yet, have still not had any reply to the appeal letter. 

Edited February 13, 2023 by TheCat08

[FTMDave]

Has there been any reply from the fleecers?

[FTMDave]

Just asking again if they have replied to the the appeal, as we have someone else in a similar position.

[TheCat08]

Hi Guys

 

Still no reply to the appeal letter.  However, they have sent the attached. 

 

 

Photo- PaintZ.pdf

 

 

[dx100uk]

dca threat-o-gram ignore.

 

dx

[FTMDave]

Thanks for getting back to us.

 

Excellent news that they have ignored their own appeals procedure.

 

Make damn sure you keep hold of the Certificate of Posting.