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#Post#: 61328--------------------------------------------------
What is the outcome for ignoring a private pcn?
DIR By: yorkshirepudding
Date: March 8, 2025, 8:28 am
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Can anyone explain the timeline of events please for totally
ignoring a private parking charge notice. Is the ultimate
outcome a county court judgement, or do they take this further
and attempt bailiff recovery of debt or take from earnings? I
assume if the company go to court then they expect to recover
all of their costs somehow?
Thank you
#Post#: 61329--------------------------------------------------
Re: What is the outcome for ignoring a private pcn?
DIR By: DWMB2
Date: March 8, 2025, 8:31 am
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Does this relate to a live PCN?
#Post#: 61333--------------------------------------------------
Re: What is the outcome for ignoring a private pcn?
DIR By: yorkshirepudding
Date: March 8, 2025, 8:44 am
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Yes, however I'm having trouble finding out what the ultimate
outcome is for ignoring a private pcn, rather than one issued by
a council or other body. Trying to figure out worst case
scenario. Apologies if posted in the wrong section or if the
information I am after is elsewhere on the site, I couldn't find
it.
#Post#: 61338--------------------------------------------------
Re: What is the outcome for ignoring a private pcn?
DIR By: jfollows
Date: March 8, 2025, 8:57 am
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You need to make the effort to read up on countless examples
here, however the likely “worst case” is of losing a civil claim
in your absence, not paying, and having a CCJ recorded against
you. The private companies make a lot of this, but the reality
is that this only happens if you’re incompetent and ignore
everything.
Under contract law, the plaintiff has six years to bring a case
against you for breach of contract.
#Post#: 61340--------------------------------------------------
Re: What is the outcome for ignoring a private pcn?
DIR By: yorkshirepudding
Date: March 8, 2025, 9:18 am
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Thank you, I have had a look at quite a few cases on here but
cannot find anything beyond CCJ. I shall take another look.
Thanks for your response.
#Post#: 61356--------------------------------------------------
Re: What is the outcome for ignoring a private pcn?
DIR By: b789
Date: March 8, 2025, 10:24 am
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Once more, the failure of our eduction system to prepare
everyone for the basic processes of civil litigation in adult
life comes to the fore...
Sadly, the vast majority of Sheeple have no real idea about how
a CCJ gets on to your credit record and all the private parking
companies rely on this ignorance to pluck the low-hanging fruit
from the gullible tree.
You can ignore a private parking PCN, which is nothing more than
a speculative invoice for an alleged breach of contract by the
driver, up to the point a civil debt claim is made in the small
claims track of the county court. Once an N1SDT Claim Form is
received, it is imperative that it is responded to, preferably
by defending against the claim.
Have a read of the process that has to be concluded before a CCJ
can be put on your credit record:
What CCJ? Do you have any understanding of how someone gets a
CCJ? Nothing we advise on here will make anyone get a CCJ.
--- Quote ---
> A County Court Judgment (CCJ) does not just happen—it follows
a clear legal process. If someone gets a Parking Charge Notice
(PCN) from a private parking company, here's what happens step
by step:
>
> [indent]1. Parking Charge Notice (PCN) Issued
>
> [indent]• The parking company sends a letter (Notice to
Keeper) demanding money.
>
> • This is not a fine—it’s an invoice for an alleged breach of
contract.[/indent]
>
> 2. Opportunity to Appeal
>
> [indent]• The recipient can appeal to the parking company.
>
> •If rejected, they may be able to appeal to POPLA (if BPA
member) or IAS (if IPC member).
>
> • If an appeal is lost or ignored, the parking company demands
payment.[/indent]
>
> 3. Debt Collection Letters
>
> [indent]• The parking company might send scary letters or pass
the case to a debt collector.
>
> • Debt collectors have no power—they just send letters and can
be ignored.
>
> • No CCJ happens at this stage.[/indent]
>
> 4. Letter Before Claim (LBC)
>
> [indent]• If ignored for long enough, the parking company (or
their solicitor) sends a Letter Before Claim (LBC).
>
> • This is a warning that they may start a court case.
>
> • The recipient has 30 days to reply before a claim is filed.
>
> • No CCJ happens at this stage.[/indent]
>
> 5. County Court Claim Issued
>
> [indent]• If ignored or unpaid, the parking company may file a
claim with the County Court.
>
> • The court sends a Claim Form with details of the claim and
how to respond.
>
> • The recipient has 14 days to respond (or 28 days if they
acknowledge it).
>
> • No CCJ happens at this stage.[/indent]
>
> 6. Court Process
>
> [indent]• If the recipient defends the claim, a judge decides
if they owe money.
>
> • If the recipient ignores the claim, the parking company wins
by default.
>
> • No CCJ happens yet unless the recipient loses and ignores
the court.[/indent]
>
> 7. Judgment & Payment
>
> [indent]• If the court rules that money is owed, the recipient
has 30 days to pay in full.
>
> • If they pay within 30 days, no CCJ goes on their credit
file.
>
> • If they don’t pay within 30 days, the CCJ stays on their
credit file for 6 years.[/indent][/indent]
>
> Conclusion
>
> CCJs do not appear out of thin air. They only happen if:
>
> [indent]• A parking company takes the case to court.
>
> • The person loses or ignores the case.
>
> • The person fails to pay within 30 days.[/indent]
>
> If you engage with the process (appeal, defend, or pay on
time), no CCJ happens.
--- End Quote ---
As for Sheeple pooping their pants and worrying about bailiffs
knocking on their door, here is some more advice to dispel the
irrational and unfounded fears:
--- Quote ---
> Why no bailiff can knock on your door
>
> 1. County Court Judgment (CCJ):
>
> [indent]• A bailiff (enforcement agent) can only get involved
after a creditor has obtained a CCJ against you in a county
court.
> • If the CCJ is under £600, the creditor cannot transfer it to
the High Court for enforcement by a High Court Enforcement
Officer (HCEO). Instead, enforcement would remain under the
county court's jurisdiction.[/indent]
>
> 2. Threshold for High Court Enforcement:
>
> [indent]• If a CCJ is over £600 (including fees and interest),
the creditor can transfer it to the High Court for enforcement
by an HCEO. This is a common method because HCEOs tend to be
more effective at recovering money.[/indent]
>
> 3. Cost-Benefit Analysis for Creditors:
>
> [indent]• For CCJs under £600, creditors may find it
uneconomical to pursue enforcement through county court
bailiffs, as they are generally slower and less effective than
HCEOs.
> • As a result, creditors may opt not to escalate enforcement
for small amounts.[/indent]
>
> 4. Private Parking Charges and Bailiffs:
>
> [indent]• In the context of private parking charges, no
bailiff action can occur unless the parking operator has gone to
court, won a case, obtained a CCJ, and you fail to pay the
judgment within the stipulated time (usually 30 days).[/indent]
>
> So, no bailiff will come to your door for a debt under £600
unless the creditor deems it worth pursuing through county court
enforcement. However, even if the debt is over £600, bailiff
involvement only happens after a CCJ is issued, and enforcement
is transferred to the High Court.
--- End Quote ---
#Post#: 61376--------------------------------------------------
Re: What is the outcome for ignoring a private pcn?
DIR By: DWMB2
Date: March 8, 2025, 12:24 pm
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--- Quote ---
> You can ignore a private parking PCN
--- End Quote ---
That said, on this forum, we generally advise against ignoring
them.
Where you have a reason why you don't owe the money, it's
generally sensible to set this out. If you do so with sound
advice (from here for example) so you don't shoot yourself in
the foot, there's little to lose by responding, and potentially
plenty to gain.
There's a "bloke down the pub" in every licenced premises in the
land who swears blind that parking companies can't do anything
and you can ignore everything (including claim forms) and it'll
eventually go away. Some of the recipients of that pub wisdom
find themselves here seeking advice, having ended up with a CCJ
in default.
#Post#: 61416--------------------------------------------------
Re: What is the outcome for ignoring a private pcn?
DIR By: ixxy
Date: March 9, 2025, 3:43 am
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And whilst a CCJ is a remote possibility and avoidable (by
paying if the court judgement goes against you) it can have some
fairly serious consequences for people.
There is a clear basis in contract law thanks to Beavis vs
Parking Eye 10 years ago, so despite some of the more hyperbolic
posters on here claiming that are all private parking companies
are scammers they do provide a legitimate if unwelcome service
to land owners who otherwise would have next to no control over
their land as the law stands today.
That said some of the smaller companies are cavalier with the
rules ar best, mistakes happen and there are genuine reasons why
a PCN is not valid or has been issued incorrectly.
Often cases are dropped before they get to court, mainly because
it costs private parking companies to take people to court so
they only take enough to keep it a real possible outcome.
There are legitimate ways to beat PCNs, lack of POFA compliance
negating the ability of the PPC holding the keeper liable being
the main one. However looking for every imagined loophole in the
wording of a PCN isn't a surefire defence and would require some
tenacity over many months.
How people respond to a PCN should be dependant on their
circumstances, if they have a genuine reason for appeal, honest
mistake, frustration of contract, genuine customer, then it is
absolutely worth appealing, to the land owner first although the
landowner should set the appeals rules with the PPC.
Similarly some people find the whole process very stressful and
difficult, if financial circumstances allow it may be better for
them to pay the discounted rate (which is not a mugs discount,
just reflects the longer it's unpaid the more it costs the PPC
to pursue it). Debt collection letters can be quite intimidating
if ultimately toothless, of course they are, if they were meek
and polite they would all be ignored.
Not everyone is a consumer rights champion or consumed with
beating the system. It's worth remembering that, some of the
posts on here are as bad when it comes to emotive and misleading
wording as some of the PPC correspondence.
#Post#: 61422--------------------------------------------------
Re: What is the outcome for ignoring a private pcn?
DIR By: DWMB2
Date: March 9, 2025, 5:28 am
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--- Quote ---
> some of the posts on here are as bad when it comes to emotive
and misleading wording
--- End Quote ---
We regularly see parking companies spout clear and demonstrable
lies in their correspondence. I don't regularly see posters on
here spout clear and demonstrable lies - any who do see their
posts deleted, and any persistent offenders will see their
accounts suffer a similar fate.
I don't want this thread to turn into a general debate about the
merits of various approaches. I think the consensus seems to be
that ignoring a PCN does not fatally wound one's chances of
defending the matter if a court claim is issued. I think another
general consensus is that we seldom, if ever, actively recommend
ignoring a PCN, as there are several potential benefits to
engaging in the process from the outset.
#Post#: 61429--------------------------------------------------
Re: What is the outcome for ignoring a private pcn?
DIR By: jfollows
Date: March 9, 2025, 6:26 am
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--- Quote from: DWMB2 link ---
>
> [quote]some of the posts on here are as bad when it comes to
emotive and misleading wording
--- End Quote ---
We regularly see parking companies spout clear and demonstrable
lies in their correspondence. I don't regularly see posters on
here spout clear and demonstrable lies - any who do see their
posts deleted, and any persistent offenders will see their
accounts suffer a similar fate.
[/quote]
I agree.
Whilst believing anything posted here needs to be done with care
- especially anything I might post - they’re generally made with
good intent. Conversely, I’m sometimes disgusted with the
downright lies spouted by parking companies in order to extract
some kind of ££££.
Things like “we’ve complied with PoFA to hold the registered
keeper liable because we posted the notice within 14 days”.
Complete rubbish.
The legislation has been in place for more than ten years, yet
companies deliberately misrepresent it in face of individuals
who have little experience in the hope that they can intimidate
them into paying up.
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