Parking Eye - letter before action

Coupon-mad

Have a look at Schedule 4 of the Protection of Freedoms Act, paragraph 5 (2) says that a registered keeper can discharge liability by giving the name and address of the driver before legal proceedings have commenced. And pre-action protocols state that a LBA is not the start of proceedings.

See the discussion here today, particularly posts #24 and #25:

http://forums.pepipoo.com/index.php?showtopic=80538&st=20

Quote the Act back at them, keep this dialogue going and make your case too hard for them to think about selecting for a small claim. Keep at it!

Orrin

zzzLazyDaisy wrote: »

The RK has today received a letter from PE informing them that they should have appealed within 28 days which would have given them the opportunity to appeal to POPLA or they should have complied with Sched 4 of PoFA 2012 by informing PE of the driver's details within 28 days. Since they failed to do either the RK:

'consequently became responsible for the outstanding amount detailed on the parking charge. We must therefore inform you that the amount, as outlined in the letter before action, remains outstanding from you as the registered keeper'.

This is nonsense.

Paragraph 5 (1) and 5 (2) of POFA Schedule 4 are the relevant bits if you want to look it up yourself.

Once they know the driver's details they have no right to recover from the RK, unless they've already begun proceedings.

zzzLazyDaisy

Thanks to coupon mad and orrin for the links to the relevant parts of POFA.

Thanks also to Guy's Dad for the link to the timkevan blog which in turn links to the pre-action protocol in CC.

I am going to have some fun with this....

:j :j :j :j :j

bazster

I would love PE to take the RK to court on this one! They'll be needing a toothbrush...

zzzLazyDaisy

Just an update:

Turns out that PE is pursuing both the RK.... AND the Driver

Separate letters:

one letter threatening court action against RK, insisting that it is too late to identify the Driver, and the RK is now liable.....

Plus

one NtD demand for payment received by regular Driver of the vehicle

SAME PCN

Letters sent to RK & Driver on SAME DAY!

:rotfl: :rotfl: :rotfl: :rotfl: :rotfl:

bazster

Wow! How many ways could you have fun with this? They really are asking to be taken down a peg or two.