Parking Eye Home bargains PCN Wrexham Wales

Coupon-mad

Definitely name the driver. You will avoid court and the driver can then win at popla!!!!!!

achtzen18

I have until the 17th of Feb to respond to the LBCCC and am planning to send a 1st class recorded post to PE. I was just preparing my response to name the driver and was going through the paperwork when I discovered one of the points in the FAQ's sheet that they sent. It is -


I wasn't the Driver, there I will not be paying the Parking Charge?
Paragraph 9(2)(b) of schedule 4 of the Protection of Freedoms Act 2012, states that the operator must inform the registered keeper that the driver of the motor vehicle is required to pay the parking charge in full. It also notes that, as the operator does not know the driver's name or current postal address, the RK, if they were not the driver at the time, should inform the operator of the name and current postal address of the driver and pass the notice to them.

The Act also warns that if, after 29 days, the parking charge has not been paid in full and the operator does not know both the name and current address of the driver, they have the right to recover any unpaid part of the parking charge from the RK. This warning is given under paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to the operator complying with the applicable conditions under Schedule 4 of the Act (which PE firmly believe it has).


Is this going to be a problem now? They haven't clearly stated 'after 29 days' of what ...the incident, the last correspondence?

bod1467

What it's saying is that if there was a windscreen ticket (a Notice to Driver - NtD) and this remains unpaid for 28 days, then POFA2012 allows parking companies to request registered keeper details and pursue the RK instead. The Notice to Keeper (NtK) must be issued no sooner than 29 days after the NtD and no later than 56 days after.

Are PE saying a NtD was issued? (I'd be surprised at this - almost ALL of their operations use ANPR cameras, and so they can ONLY go after the RK. POFA2012 covers this by saying the NtK must be issued and received by the RK no later than 14 days after the parking event).

If no NtD was issued then the RK naming the driver discharges RK liabilities under POFA2012, and the PPC must then issue a NtD. At that stage the driver can then appeal and go the POPLA route - any further communication by the PPC to the RK is harassment as the RK has no further liability.That's what C-M is saying. But the key is confirmation that NO NtD WAS ISSUED.

achtzen18

@Bod1467


I had received this PCN in the post on the 12th of Oct 2013. I didn't think much of naming the driver at the time, because it was my husband and I was the passenger. Also since I was a breastfeeding mum, I thought I was in a stronger position to challenge this PCN than him. But I messed up along the line in my appeal to POPLA and have now received a LBCCC. I was looking to provide them my husband's name as a driver so that we could reset the POPLA clock and make a POPLA appeal using the usual winning points as per CM's sticky notes.


Daisy's thread about LBCCC's indicated that I can name the driver at this point, however, having read the small print on the PCN, it says that the name and current address of the driver needs to be given within 29 days from the issue date of the PCN else PE has the right to claim the charges off me. I was only wondering if its another lie from PE or if there was a way to present the name and address of the driver so that they don't turn around with this argument. Just wanted it to be fool proof!

bod1467

As I understand it (and others can correct me if I'm wrong), The LAW allows you to name the driver at any time prior to legal proceedings commencing. An LBCCC is merely a required action BEFORE legal proceedings are initiated.

It is known that these LBCCCs are severely non-compliant with the specific requirements laid down in law - I believe Daisy's thread covers this all.

So the summary is - you CAN name (and address) the driver, even at LBCCC stage, and what PE are trying to scare you with is sphericals.

Redx

I would look at this on the basis of DO IT ANYWAY , you have nothing to lose !

Coupon-mad

bod1467 wrote: »

As I understand it (and others can correct me if I'm wrong), The LAW allows you to name the driver at any time prior to legal proceedings commencing. An LBCCC is merely a required action BEFORE legal proceedings are initiated.

It is known that these LBCCCs are severely non-compliant with the specific requirements laid down in law - I believe Daisy's thread covers this all.

So the summary is - you CAN name (and address) the driver, even at LBCCC stage, and what PE are trying to scare you with is sphericals.

You are not wrong, bod. PE are being economical with the truth.

achtzen18, stop reading their biased rubbish! As I said above - Definitely name the driver. You will avoid court and the driver can then win at popla!!

There's even a template in post #10 of the LBCCC sticky thread.

achtzen18

Coupon-mad wrote: »

You are not wrong, bod. PE are being economical with the truth.

achtzen18, stop reading their biased rubbish! As I said above - Definitely name the driver. You will avoid court and the driver can then win at popla!!

There's even a template in post #10 of the LBCCC sticky thread.

Yeah I'm using that template. Many thanks for your responses. Post going to them today

achtzen18

I sent that LBCCC acknowledgement letter to PE (via 1st class recorded delivery) as per Daisy's thread, saying that I wasn't the driver at the time of the incident. I gave them the driver's name. Yet, I received another letter (dated 19th Feb) informing me that 14 days since the POPLA decision have passed and I still haven't made the payment and if I choose not to pay, then a court claim will be made and I will have to pay solicitor's fees etc. In short, they have ignored the letter I sent them. So, I sent them another letter, making reference to the letter I sent previously with the driver's details and a screenshot of the signature (from the royal mail tracking site) of the person who received the letter at their office on the 14th of Feb. I haven't heard anything from them.

4consumerrights

pm sent .

Yet, I received another letter (dated 19th Feb) informing me that 14 days since the POPLA decision have passed and I still haven't made the payment and if I choose not to pay,

Sorry don't understand this - you wrote to reset the clock by providing a serviceable address for the driver in this case. POPLA decision has not happened - you don't have a POPLA code by the sound of it.???