Quick question re: excel and chasing named driver

eltoddo

Hello,

I've had a quick read over the guides and the information about how private car park companies can only chase the drivers. I'm just seeking a bit of clarity from someone who is a lot more intelligent than me before starting my appeal process!

My partner received a car parking ticket while I was using her car. She was told they were unenforceable and decided to leave it (which from reading here was completely the wrong thing to do) and it got to the stage where they started threatening court action. At this point she informed them that I was the driver, to chase me and to stop bothering her.

From what I have read, they should reset the clock and give me the opportunity to pay the car parking ticket as they were chasing the wrong person. Instead they have sent a letter saying I owe them £100 and if I don't pay this before end of April they will take me to court.

Can they do this? If not is there anything I can quote to get them to reset the ticket so I can appeal in the normal fashion?

Sorry to register to ask a question. I couldn't see any posts recently which relate to this and I appreciate any help that may be given.

Thanks in advance!
:eek:

Hot_Bring

Was the ticket placed on the windscreen ?

eltoddo

No this was a camera operated ticket. It was from June last year but has not been addressed to me. It was me driving so I'm happy to appeal following the advice from this forum but I want to be sure before I start that they are taking the laws in to their own hands by trying to enforce a £100 fine at the very first occasion that have been in touch with me. I've read a few posts saying they should reset the clock once told who the driver was.

Hot_Bring

They should be offering the discount then. Use the template in the Newbie thread and add a point about the driver not being offered a discount period which breaks the BPA Code of Practice.

eltoddo

Thanks for that advice.

I'm just trying to read through the protection of freedoms act. Can see points referring to they can chase the registered keeper and that the keeper can inform them of the driver. Cant see anything yet referring to resetting the clock to speak. It's not the easiest read!

Hot_Bring

It's not in POFA it's in the BPA CoP.

Coupon-mad

eltoddo wrote: »

Thanks for that advice.

I'm just trying to read through the Protection of freedoms act. Can see points referring to they can chase the registered keeper and that the keeper can inform them of the driver. Cant see anything yet referring to resetting the clock to speak. It's not the easiest read!

You won't find those words anywhere - the 'rewind the clock' words wouldn't appear in law! That's our 'forum-speak' to make it clear what we mean, and why it's good to name the driver when there is a postal PCN in play which wasn't addressed to the driver.

Basically, the driver has to be sent a Notice to driver or he's never even had a PCN at all if there was no windscreen ticket.

Complain to the BPA and say you have been named as the driver and the keeper has now told you about the PCN/letters that were received before - but the PPC has not sent you any PCN to appeal. Hence you've been denied your right to appeal completely. Point out there was no windscreen ticket so now is the first you knew of this PCN.

Also send a letter to Excel, keep up the pressure until you get a PCN and can appeal and then get a POPLA code and use our words to win. They have played this game before and pretend that the keeper 'must' have passed the paperwork to the driver but you must assert that this is not the case and that you did NOT know about it and have NOT seen any PCN at all, and wish to appeal. Be forceful and ask for a PCN as this is the first you know about the incident hand have never been sent a PCN and nor has the keeper kept any letters as they ignored the matter apparently, until naming you as driver. Say you have complained to the BPA and are entitled to receive a Notice to Driver and be allowed to appeal to POPLA.

Don't use the term 'reset the clock' AT ALL. That is forum-speak, as I said, and IMHO looks slightly daft if used out of this context here!

There's a thread just like yours here:

https://forums.moneysavingexpert.com/discussion/4946677

...with an example letter from Collies Carer.