Help required. Clarification on latest date you can shift PCN on to driver not RK

Headscratcher

Hello.

I am just after some help with relation to a car parking notice my partner received while parking for 30 mins picking up some food within an Excel monitored car park.

The ticket was posted to me as the registered keeper as it was a camera operated car park. Following bad advice I was told to simply ignore the ticket as it was unenforceable and it got to the stage where they sent the debt to a company called Newlyns saying if I do not pay £140 they will contact Excel who will file for court proceedings.

Following threads on here previously, I wrote to Newlyns saying this ticket was in dispute and to no longer contact me. I also wrote to Excel informing them of the name / address of my partner so they can chase him for payment.

Following this I received 2 letters from Excel. One dated the 4th April saying they have received correspondance on the 12th March (which i sent recorded) in connection to the PCN and the the details of the account have been forwarded to their Debt Recovery Company.
The following day I receive another letter dated 4th April from Excel which was a notice of intended court proceedings saying I have failed to appeal and because they haven't received payment they intend to commence Legal proceedings on the 23rd April should they not receive a payment of £100.

At this point I rang them to clarify what was going on as I had informed them of who the driver was to which they responded by saying because I had not informed them within 28 days they intend to follow up the payment with myself which was within the law. As far as I can read because I have informed them that I was not the driver for the parking offence before any court proceedings have started this relinquishes my obligation under POFA 2012.

Is this correct? I am getting worried/upset because the last thing I want to do is go to court over this parking ticket due to accepting ill advised advice and not taking ownership and researching this a lot earlier myself. The worst thing about this is I am unable to drive due to a disability which is why I let my partner drive my car.

Would anyone be able to clarify my position with respect to this.

Many thanks in advance.

Hot_Bring

POFA doesn't lay out any deadline for the RK to name the driver. Obviously it would be better before any court action.

I would email both Excel and Newlyns pointing out there is no time limit to name the driver in POFA and as the RK you have dispensed your responsibility in the matter. Also point out that should any court action be taken you will highlight this to the court.

da_rule

Also, send a complaint to the BPA saying that you have identified a driver yet you are still being pursued.

Redx

you can also write to the PPC and to the DC restating the details of the driver and get free certificate of posting at the PO, also try to do so online with email acknowledgements

keep copies of the letters

that way if you did get court papers you can show you have discharged your POFA 2012 liabilities and no judge would allow it to go any further , never mind if the PPC has locus or not (legal standing to pursue the claim)

do it before any LBC or court papers arrive, just to be sure, has to be worth the postage costs !!

I have seen template letters on here by lazydaisy that cover these situations

complain direct to the DVLA and the BPA too, using the info in the NEWBIES sticky thread

so get it done again , now ! (also deny the debt to the DC and insist they stop harassing you etc)

Coupon-mad

I would agree with the others - be proactive.

In writing, restate the position and quote the POFA 2012 where it mentions the driver's name being supplied 'prior to court proceedings'. There's a link to Schedule 4 of POFA in the NEWBIES thread but I have no time to find the words (it's not a long schedule and I know the words are there somewhere so have a read). Write a REALLY assertive letter telling them you will counter sue for harassment and will include their landowner client in the case as a defendant if they do not immediately cease and desist bothering you about this matter when you have already discharged all liability. They need to take the matter up with the driver and send a PCN to them.

Send an obvious copy to their client as well (i.e. put cc then the name of the client, at the bottom of your letter). And make sure you do send them - landowner or managing agent of the retail/car park - a copy, with a covering letter warning the client that they are about to be named as a defendant unless Excel desist and refer the matter to the driver as the law requires them to.