Debt Recovery plus letter - new legis?

ballist1x

Hi, so i got a ticket for and i quote 'not parking wholly within a bay' - and i dont live at the address the car is registered to and only just recieved all 3 letters from the incident that started in september last year.

(Mistakenly?) I called the company to appeal stating that i didnt know who the driver was, and that i had only just recieved the letters. I dont live at the address that the car is registered to, i have it registered at my parents where i did live but now i live elsewhere so didnt get the notices in good time.

I said that i wasnt the driver and wasnt sure who was and the woman on the line said new legislation had come through that would force me to disclose the name of the driver

i didnt really understand the terms she used but it sounded at least phonteically like a 'Knowledge something declaration' or a No ledge something honestly no idea what it was?

has any new legislation come into effect that might impact me? Before anyone refers to the watchdog video, this is what 3-4 years old and new cases might have come about to set a new precedent since then?

And tbh i find that a fine for not wholly parking in a bay that was £90 and now £140 is redicolous as no loss of earnings occured, it was a free to park site with no meter or anything.

Orford

ballist1x wrote: »

I said that i wasnt the driver and wasnt sure who was and the woman on the line said new legislation had come through that would force me to disclose the name of the driver

. There is no new legislation, she was either lying or making it up as she went along. Keep ignoring

esmerobbo

Do you mean they quoted a "Norwich Pharmacal Order" if so its not new legislation, and as usual they are talking crap! A NPO would cost them a considerable amount of money to obtain, and anyway if you don't know anything what information could they ask a court to order you to give?

As usual they are quoting garbage to try and intimidate you. Easiest thing to do is just simply ignore them.

ballist1x

Yes Nowich Pharmical Order is what she said - is that possible? She made it sound like she was about to issue it on the phone as i ended the call.

esmerobbo

ballist1x wrote: »

Yes Nowich Pharmical Order is what she said - is that possible? She made it sound like she was about to issue it on the phone as i ended the call.

They actually cant do anything only the original assumed creditor or a solicitor acting for them could bring any sort of claim.

These companies threaten this a lot, we have only seen one here brought against an individual. The court threw it out twice!

The original case this relates too was involving having information being released. Google Norwich Pharmacal Co. v Customs and Excise Commissioners

Its all nonsense just ignore them!

ballist1x

Cheers guys, im wondering if these things ever did get to court, is saying that you watched 'Watchdog' is a viable defence in court after the advice given by a lawyer on their show lol?

TrickyWicky

New legislation? - What a load of tosh. It's true its supposed to come in with the Bill of freedoms in April-ish but it's yet to make it through the house of lords or gain royal assent.

Until that moment in time they are still powerless unless they take you to court and force you to name the driver etc. Most PPCs don't bother and there is still confusion about the legitimacy of those that do.

ballist1x

Thanks, i heard that there is a much longer time that they can take you to court over this type of ordeal - 7 years off the top of my head. Could they wait for the legislation to come through and then retroactively use this to force me into giving the information over the original dispute?

societys_child

Well, if they ever did force you to name the driver, all they'd know is who the driver was!

You'd still ignore the scam invoices, surely?

ballist1x

Well i cant remember who the driver was it was 4 months ago and im not the only person insured on the car! And i only got the letters the other week as they had been sent to an address that i dont live at, but where the car is regstered to..

But honestly, i dont know?! Yes no? i thought one of the main premise of the defence was that they need to Prove who the driver was, and i dont know, and im not going to spend any energy investigating who it was.

esmerobbo

Any change in law is not retrospective, so it would only run from the day it was enacted. However you are giving this too much thought the chances of you being taken to court are minuscule, you probably have more chance of winning the lottery!