Ukpc & dr+

Redx

no, the problem here is that rewinding the clock is where an RK names the driver, because no driver notice was issued (the windscreen ticket)

the only advantage naming the driver has in your case is that the debt collector letters get redirected at the driver, and any court papers from the PPC get directed at the driver (once known)

in this case it seems to be not relevant unless you wish the driver to be the one to bear the brunt and not the RK (whatever happens)

I would go with the letter 4cr gave you and try to get it aimed back to the PPC who will have to decide how to proceed (or not) once the debt collector tactics have failed

ie:- if they decided to go down the LBC or court route

in your case the PPC will know a windscreen ticket was issued and possibly have records of it , like pictures etc , so you may fail to get a popla code, but whatever happens its that popla code that you try to wheedle out of the PPC , usually at LBC stage as an ADR , possibly even at court stage as an ADR or even if you appealed it at this late stage , they can issue one anytime they wish to

4consumerrights

a) rattle the landowner/retailer again - which site is this?
UKPC offer a 10% kickback on all paid parking charges as an incentive to use their services.

b) Dispute the debt and refer the matter back to UKPC - suggest a counterclaim clause in it too.

c) Appeal late as the registered keeper to UKPC - there is no specific time limit and UKPC have been bypassing POPLA lately and going straight to debt collection stage..
so date here of NtK would assist.

shredx81

Redx wrote: »

no, the problem here is that rewinding the clock is where an RK names the driver, because no driver notice was issued (the windscreen ticket)

the only advantage naming the driver has in your case is that the debt collector letters get redirected at the driver, and any court papers from the PPC get directed at the driver (once known)

in this case it seems to be not relevant unless you wish the driver to be the one to bear the brunt and not the RK (whatever happens)

I would go with the letter 4cr gave you and try to get it aimed back to the PPC who will have to decide how to proceed (or not) once the debt collector tactics have failed

ie:- if they decided to go down the LBC or court route

in your case the PPC will know a windscreen ticket was issued and possibly have records of it , like pictures etc , so you may fail to get a popla code, but whatever happens its that popla code that you try to wheedle out of the PPC , usually at LBC stage as an ADR , possibly even at court stage as an ADR or even if you appealed it at this late stage , they can issue one anytime they wish to

Is it at all mandatory for the PPC to issue a popla code upon request or is it entirely at their discretion once the timelines have been missed? i.e. is there anything preventing them from refusing popla codes forever?

I guess, ideally, I'd like my company to be free of any involvement with the invoices. Does naming the driver within the template above formally absolve the RK of any liability?

shredx81

4consumerrights wrote: »

What was the date of the NtK?
What was the date of the DRP letter?

The documents are at work unfortunately, but they are stamped with dates received. Are these dates sensitive?

Redx

its at their discretion once the timelines have been missed, but bear in mind that they would have to convince a court that they tried to settle this matter without going to court and that means mediation, mediation in this case is popla or a court mediator , so if you are requesting popla be used as as accepted ADR they are backed into a corner and sometimes a judge will make them use mediation like POPLA if you have requested it

so as you can see , sometimes they can be forced into using it , whereas if you had appealed in the first instance they had no choice in issuing a popla code as part of the BPA CoP

afaik once the driver has been named POFA 2012 would no longer be valid, in any case the PPC would prefer to have the drivers details as there is less wiggle room , so once you have the PPC or DR+ aimed at the driver they cannot then go back to the RK afaik

BUT I am no legal eagle so dont take my word for it

you can see it it better for you if you dont want the company involved which is why we all banged on about it on page one

shredx81

4consumerrights wrote: »

a) rattle the landowner/retailer again - which site is this?
UKPC offer a 10% kickback on all paid parking charges as an incentive to use their services.

b) Dispute the debt and refer the matter back to UKPC - suggest a counterclaim clause in it too.

c) Appeal late as the registered keeper to UKPC - there is no specific time limit and UKPC have been bypassing POPLA lately and going straight to debt collection stage..
so date here of NtK would assist.

OK. I'll gather date as soon as possible. Cheers.
The 4 documents so far (per invoice) have been a NTK from UKPC. A red reminder from UKPC. A DR+ letter & a notice of court action from DR+.

Coupon-mad

shredx81 wrote: »

I guess, ideally, I'd like my company to be free of any involvement with the invoices. Does naming the driver within the template above formally absolve the RK of any liability?

Yes it does - that's what I would do. Then the driver ignores but keeps the threatograms which after all, is what we've all done for years on the forum before POPLA existed! I have ignored 4 fake PCNs myself and have some of the old debt collector letters in my handbag all the time, to show colleagues what happens if you miss POPLA as an option. Generally, nothing happens except junk mail for a year.

4consumerrights

@Shredx81 - you seem to have changed your mind a lot on this thread - from ignoring to absolving your company from liability.

Good job for your sake this is UKPC here and not parking eye.

Suggest you go with the letter I penned for you above if you want to absolve your company from any possible legal action in that case. This absolves the registered keeper from all liability and UKPC can only pursue the driver. However, as pointed out rewinding the clock by naming a driver to obtain a POPLA code only works in ANPR situations where no windscreen ticket was issued.

Also chase up the landowner/retailer option - make formal complaints as customer etc.

shredx81

4consumerrights wrote: »

@Shredx81 - you seem to have changed your mind a lot on this thread - from ignoring to absolving your company from liability.

.

The initial advice I was being given seemed to assume that my case was still in the appeal stage so did not see a benefit in my company naming the driver at this stage. Until recently, I was also under the impression the company could no longer name the driver.

I've later understood that, regardless of whether the case would see court or not, it is best to absolve my company of any liability. Out of politeness more than anything. It wouldn't change the outcome of course.

Thanks

ColliesCarer

shredx81 wrote: »

The initial advice I was being given seemed to assume that my case was still in the appeal stage so did not see a benefit in my company naming the driver at this stage....

Errr come come now Shredx81

The posts are all still all there you know - they haven't been shredded