Parking Eye Home bargains PCN Wrexham Wales

achtzen18

Daisy's link about LBCCC's is brilliant. Took me hours but I read all of it. Amongst others, one thing that I did get from it is, that even if you are a registered keeper but were not the driver at the time of the incident and you reach the LBCCC, you can still reset the POPLA clock. My husband was the driver on the day! Yes, it is true that we could not drive off without me breastfeeding my baby and then securing her in her car seat. It was really what delayed us (by 12 mins) and we ended up overstaying in this 'Free' car park.


Now I am thinking, I should tell them that the driver of the vehicle on the day of the incident was my husband and I was the passenger. Which will mean, they will issue him a PCN and then we can use the usual winning points at POPLA?!


Alternatively, (maintaining that I was the driver) can continue with responding to the LBCCC as we normally would at this stage and then if it does go to court, contest it on the same grounds?


What is a better approach to this situation to increase our chances of winning this? Please advise.


BTW before anyone thinks that I had not read about 'being the RK but not the driver' in CM's sticky notes... well I had not realised that at LBCCC stage, even if the driver is living at the same address as me, I can provide PE with this new information. Besides, I thought that I was in a stronger position to appeal this PCN because I am protected by the EA.

Redx

I would say its a good idea to give the name and address of the driver at this stage, but I would wait for confirmation or otherwise from a few others in here, just to be sure

although the EA does protect you and is a valid point (and maybe you should start a counter-claim with your own LBA to that effect) the most valid appeal points are still no contract (which they have lost a few on recently) , not a gpeol and bad signage. those 3 points (which should have been in your popla appeal) are just as valid in defending this claim with the EA 2010 being the icing on the cake

for example, let us assume there is no contract allowing them to take you to court (no locus standi) , then you can ask the judge to dismiss the case and award you costs , the other points may not even be mentioned or commented upon, if you win, doesnt really matter what you win on

going back to your question about the driver, not sure if they will accept this AFTER court proceedings are commenced, which is why its probably a good idea to do this at LBCCC stage , because then it can be brought up in court if they take it further, hence my answer earlier.

let us assume they do then send the pcn in the drivers name , that should be defended on the 3 appeal points I mentioned , never mind adding the equality act in, despite popla kicking it out with you , as it all becomes evidential at some point, even if it wasnt at popla

now if the driver wins on no contract or not a gpeol, thats all that is needed

like here https://forums.moneysavingexpert.com/discussion/4891249

good luck

Umkomaas

You can name the driver at any time up to the point that court proceedings are commenced.

The issue of a LBCCC is NOT the commencement of court proceedings; the issue of small claims documents via MCOL would be the start of proceedings, so, in theory you can still name the driver.

Nodding_Donkey

Just be careful that you haven't outed yourself as the driver already in earlier appeals OP

achtzen18

Are we saying that the best approach is to give them the name of the driver at this stage? Can they still start Court proceedings or will they have to give him the opportunity to appeal?

achtzen18

Nodding_Donkey wrote: »

Just be careful that you haven't outed yourself as the driver already in earlier appeals OP

No I haven't. I always responded as the registered keeper. However I will still go through any previous appeals to make sure. But does it make a difference if I say I was a passenger at the time of the incident?

Nodding_Donkey

Well your posts on here haven't said you were the driver so go for it. especially if the driver uses a different address. The driver will need to go through the soft appeal, get POPLA code, appeal to POPLA procedure. Just make sure he uses the tried and tested appeal points mentioned above.

They 'double dip'™ The Parking Prankster, why shouldn't we

nigelbb

achtzen18 wrote: »

No I haven't. I always responded as the registered keeper. However I will still go through any previous appeals to make sure. But does it make a difference if I say I was a passenger at the time of the incident?

It doesn't matter at all that the RK was a passenger in the car. The contract for parking can only have been with the driver.

achtzen18

Nodding_Donkey wrote: »

Well your posts on here haven't said you were the driver so go for it. especially if the driver uses a different address. The driver will need to go through the soft appeal, get POPLA code, appeal to POPLA procedure. Just make sure he uses the tried and tested appeal points mentioned above.

They 'double dip'™ The Parking Prankster, why shouldn't we

The driver was my husband. Now would they not question me for keeping this quiet until now?! or is it none of their business?

4consumerrights

As Nigel states above it doesn't matter if the RK and the driver were together on the day - it is indeed none of their business as long as it is true! This is also on the basis that post addressed to an individual is supposed to be opened by that individual!