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GabrielP428
GabrielP428, Solicitor
Category: Law
Satisfied Customers: 334
Experience:  Expert
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I have recieved a pcn from carflow parking company. i have

Customer Question

Good evening, i have recieved a pcn from carflow parking company. i have recieved it after 2 years of the penalty. they said that they have send it at my previeus address. i moved to the current address on the 26 may 2020 and i have informed the dvla straight away. the date of the penalty is 15 june. can i challenge it?
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: i have sent an email saying that i did not recieve anything in 2 years and that i wrote to the dvla asking for proof of when i have requested the change of address. also i am not the owner of that vehicle from january 2021
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: that in july 2020 i have recieved a pcn from car flow at the right address meaning that they had something in the database 2 years ago
Submitted: 15 days ago.
Category: Law
GabrielP428
Expert:  GabrielP428 replied 15 days ago.

Hi, my name is***** am a solicitor in England and Wales with 9 years of experience and have worked in the legal sector since 2008.

This service is not instant, so please note that I cannot always reply immediately due to other work commitments. I look forward to helping you with your legal problem.

If you would like a call to discuss this further, please let me know

A call is a premium service that includes an extra charge.

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Expert:  GabrielP428 replied 15 days ago.

Hi, I am sorry to hear about your problem.

It is a private parking PCN, correct?

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Customer: replied 15 days ago.
Hi Gabriel, yes it is a private parking pcn the company is Car Flow
Customer: replied 15 days ago.
i prefer to chat at the moment as i just would like to know if there is a loophole and if it is worth to challenge this pcn. this is the quote from Carflow "You have now reached the end of our internal appeals procedure, any future correspondence you may send to us regarding this appeal will be noted but we will not respond."
Expert:  GabrielP428 replied 15 days ago.

Thank you for the information.

They will have 6 years to pursue you for the ticket. You can challenge the extra charges because they have sent it to the wrong address.   

There are other ways to challenge a private parking ticket. The contract is formed when you enter the land. From that point, the onus is on you to prove you haven't breached the agreement. They must provide clear instructions to customers on how to use the site. The signage has to be precise. The payment method has to be precise. If they fail on one of these points, you are very unlikely to have breached the contract. You have a valid defence. I would not pay them a penny and let them take action against you. The most important thing now is to give them a valid address for service to ensure you receive a copy of the proceedings and stop them from obtaining a default judgment.

If they issue court proceedings, you will have 14 days to file a defence. Even if you go to trial and you lose (very unlikely), you will probably end up paying less than what they are asking now.

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Customer: replied 15 days ago.
how do i challenge the extra charges? the signage and the payment method is precise.
Expert:  GabrielP428 replied 15 days ago.

You will need to write to them and explain that you have informed DVLA and it is not your fault.

If they take you to court you will have a valid defence for against the extra charges because they served it at the wrong address.

It might be a good idea to obtain evidence from DVLA that you informed them of the change of address.

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Customer: replied 15 days ago.
Thank you, i have requested the dvla through the v888 form. carflow said that they will not respond to my any future corrispondence.
Expert:  GabrielP428 replied 15 days ago.

You will that if they take you to court. It will serve you as a good defence against the extra charges.

Hopefully, they will not issue court proceedings.

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Expert:  GabrielP428 replied 15 days ago.
I hope I was able to help. I am going to sleep now but I will be happy to answer any further questions tomorrow.  You can contact me on this chat. 

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Customer: replied 14 days ago.
Good morning, last question please, so shall I contact them once again when I’ll have the DVLA documents or I’ll have to wait for them to contact me? Thank you
Expert:  GabrielP428 replied 14 days ago.

I would send them a letter with the evidence from DVLA and advise them that you intend to use it as part of your defence if they decide to issue court proceedings.

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