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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice.
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Today I received a Demand notice in the post from Debt

Resolved Question:

Today I received a Demand for Payment notice in the post from Debt Recovery Plus. It was for £150 for a PCN that I supposedly got at a shopping centre where I park regularly for "Failure to adhere to signage on site" two months ago.It's possible that I committed some parking violation there, but I wouldn't know because I never got a PCN on my car or any notification in the mail until today. I don't have an issue with paying the violation, if I did commit one (which I don't know). But I don't think I should have to pay the late fees that are undoubtedly included in this £150. I intend to write an email to the debt recovery plus to appeal it, but how can I assert my rights in this case so that my appeal is effective?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.

Are you prepared to risk being sued at the small claims court?

Customer: replied 1 year ago.
But for now, I'd like to preempt that by laying out my argument in a letter, so that perhaps they are aware that I know what my rights are in this matter, so that they hesitate before they'd do that. But I don't know what my rights are, which is why I'm asking the question. And would I have a chance if I did get sued?
Expert:  Jo C. replied 1 year ago.

Does the DVLA have the right address for your vehicle?

Customer: replied 1 year ago.
Expert:  Jo C. replied 1 year ago.

Have you received literally nothing through the post at all?

Customer: replied 1 year ago.
Absolutely nothing until the notice from Debt Recovery Plus.
Expert:  Jo C. replied 1 year ago.

There isn’t really much point in writing to them. They will completely ignore anything that you say.

If they were to sue then you could argue that the original PCN was not issued properly. The fact it wasn’t issued properly is a non issue from the point of view of whether they can pursue the claim but it does, if you were to succeed, mean that they couldn’t rely on the presumption that the registered keeper is liable for the fine if he doesn’t name the driver within 28 days.

I wouldn’t tell them that though. They will only set about trying to prove that they did send the PCN out in time.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
I shouldn't contact them and ask them for proof of the violation? Like a copy of the PCN or anything?
Expert:  Jo C. replied 1 year ago.

No. All that will do is alert them to the fact they may have a problem with their evidence.

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