parking eye _ help please

Roxy38

Hi guys wondering if you can help! i received a letter from parking eye asking for payment of £60 (£100) if not paid on time .I was not driving the car at the time and following looking on here and the internet ignored letter .There was no contact unmber for customer services only payment or appeal and sites seemed to say NEVER to have appeal in any correspondence as admitting guilt. I have since had several letters the latest stating the Protection of freedom of information act and that i am liable as registered keeper for the £100 and threatening court proceedings for non payment.
I am confused re all advice as i thought driver was liable not keeper, until i read some posts today
please help??

Stroma

Well you could name the driver of this, or handle it yourself. Bearing in mind my signature below, could you tell us who is writing to you. Don't give dates but did you receive the notice to keeper within 14 days of the parking incident?

Roxy38

Parking eye sent me the initial letter within 14 days of supposed parking offence. I got confused re advice as lots saying to ignore the letters i have had a letter from parking eye LETTER BEFORE ACTION which quotes tthe schedule 4 protection of freedoms act and that as registered keeper i am liable for £100 fine and that court action WILL be taken if not paid in 14 days.

Stroma

So nobody called Debt Recovery Plus or Zenith Collections has been in contact ?

Guys_Dad

On current form, PE will probably take you to court - they are getting militant.

When you receive a set of court papers from Northampton Court, come back here and we can help with your court appeal.

Roxy38

no nothing received from zenith or debt recovery plus

Stroma

Well you could challenge this by giving the name of the driver, if its like your wife/husband/daughter/etc you could handle this. They would never get a result at a small claim if they know beforehand who the driver is. And if you send it with proof of postage you can prove service to them.

The good thing about that is a popla appeal can then be used. Just tell us if its possible to name the driver?

nigelbb

Provided court proceedings have not been started the keeper can name the driver & restart the whole process of appeals including POPLA. A LBA does not count as the clue is in the name 'Letter Before Action'. It is even open for the keeper to name themselves & if the PPC notices in their greed they may not care as the most that they can charge the keeper is what is on the eNotice To Keeper whereas they can inflate the driver's charge with spurious expense for debt collection etc.

Coupon-mad

Stroma wrote: »

Well you could challenge this by giving the name of the driver, if its like your wife/husband/daughter/etc you could handle this. They would never get a result at a small claim if they know beforehand who the driver is. And if you send it with proof of postage you can prove service to them.

The good thing about that is a popla appeal can then be used. Just tell us if its possible to name the driver?

I would name the driver if it wasn't you, give their name and address and point out you have complied with the POFA as you have given this name and address before legal action has commenced. Even if the driver is at the same address as you I would do this because it's the only way to rewind back to appeal stage.

Then the driver can wait to receive a 'Notice to Driver' and then post a new thread here for help to challenge it from square one, and then how to win it at POPLA (do not send a POPLA appeal yourselves without reading threads on how to word it!! and only the driver can do so anyway if PE play ball and send them a NTD and then - once the driver then appeals - a rejection letter).

Roxy38

HI yes i can name driver , do i just post letter to their appeals department??
thanks:)

Stroma

Yes send it to them with proof of postage. And keep that safe. Don't send recorded as they will not sign for anything. You can also go to their website and name the driver. Say you are the registered keeper of the vehicle in both cases. So do both on this. And print screen and save the image before and after you submitted.

Tell them the keeper on the day in question is whoever it was and give the address of that person. Don't admit anyone is the driver , just keep it to the keeper on that day. The reason is that person may not have been driving, it's conceivable that someone else was. Under the Protection of Freedoms Act 2012 its allowed.