Pcn

1234xxxx

Hi

Im hoping someone can offer me some advise!

Last August whilst on holiday in Cornwall someone (not sure who was driving at the time)parked my car in carpark where there were "unauthorised entry/parking" signs. The car was not actually left unattended and could have been moved if needed whilst the driver had just popped to get some directions as they were lost.

We received the PCN within about 10 days from "Premier Park" who are members of the BPA. I informed them that I wasnt the driver and was unsure who was as it could have been a choice of my partner or father.

I have since received numerous letters from a debt recovery agency, the last in December 2012, which I ignored to be honest after reading that I was under no legal obligation to provide them with the drivers details.

I know 100% that they could not prove it was me driving, as I definatley wasn't.

After not hearing anything for nearly 7 months I have now received a solicitors letter stating that I have to provide them with the details or as "the registered keeper" pay the fine or go to court.

As this occurred before 1st oct 2012 I am unable to go down the appeals route with POPLA and I am lost at what to do.

Can they really take me to court and make me pay the court costa and interest if I genuinely do not know who was driving?

bazster

As this occurred before 1st October they are also unable to hold the RK liable. The only way they could take you to court is by alleging that you were the driver - for which, of course, they have no evidence.

Hovite_2

If it was pre-Oct 2012 and they don't know the driver then there's NOTHING they can do. The registered keeper only became liable ( under certain circumstances ) when POFA Oct 2012 came in.

You have no obligation to tell them who was driving. I'd suggest you write back under the lines of :

Dear Scammers,

As well you know the Protection of Freedoms Act 2012 enabled parasites like you to chase registered keepers for your illegal charges. Bad luck - this invoice was before October 2012 ! Therefore you have no legal right to chase the registered keeper and further correspondence will be considered harassment which is a criminal act.

The registered keeper is under no legal obligation to tell you who the driver was and nor does the registered keeper remember.

You should cease any communication with the registered keeper immediately or you may face the legal consequences.

Yours,

Print Name ( don't sign )

1234xxxx

thanks guys.

Coupon-mad

I agree with the above but a more businesslike letter might be better in response to a solicitor and would also maintain the moral high ground for you if this ends with the scumbags trying a small claim (Premier do try occasionally).



''Dear Sirs,
I have received your letter dated xx/xx/13 regarding Premier Park 'ticket' ref xxxxxxx.

As I am the registered keeper of the vehicle in question I am not liable. Your clients should have taken the matter up with the driver at the time of the incident, in order to mitigate their alleged losses. If they failed to do so this is not my concern.

Of course, the Protection of Freedoms Act 2012 does not apply to any fake PCNs from private companies regarding incidents prior to 1st October 2012. Therefore you have no legal right to try to 'charge' the registered keeper and further correspondence will be considered harassment - so none of your rubbish about Norwich Pharmacal Orders please, you would be wasting your time and mine, and your clients' money. Just so you are clear: this fake PCN will not be paid and is not my liability.

The registered keeper is under no legal obligation to tell you who the driver was and nor can anyone be expected to remember an incident from a year ago relating to a vehicle which had several possible drivers. You and your client must cease any communication with me immediately. You are now required to pass the file back to Premier Park and all parties must now immediately destroy all records of my data. You and your client have no lawful excuse to store or use my details for any purpose. If you persist, you/your client may face the legal consequences for this protracted harassment and also an official complaint to the Information Commissioner regarding a potential breach of the Data Protection Act 1998.

Yours,

Print Name ( don't sign )