Please help. Have I messed up?

Winnibags

Any ideas?:huh:


If the only way is to go to court I'll have to bow out and bloody pay. My husband would never agree to go to court with all the other crap we are dealing with atm.

ColliesCarer

I have to pop out now. I dare say one of the other forum members will probably respond shortly with some suggestions, but I'll be back on later today.

Don't worry G24 have never yet taken anyone to court and you would be extremely unlucky to be the first so just ignoring them now is still an option.

The RK has discharged their liability, if G24 choose not to contact you that's up to them but one more strong letter from the RK to them might be worthwhile - will give you some suggestions later.

Winnibags

Thanks, Collie.

ColliesCarer

Hi Winnibags,

Your options now are

1/ Ignore and wait to see if they send out a Notice to Driver to you - if they do come back on and send the suggested Hot Bring letter.
As mentioned earlier they are highly unlikely to do court - never have so far and even if they did they would stand no chance now they have been given the driver's details - but keep a look out for an LBCCC or County Court papers and come back on if you get either of those. Debt collectors letters can be ignored - they can do nothing except issue empty threats.

2/ Send one further letter from the RK to G24 and a complaint to both the BPA ltd and the DVLA - then proceed as option 1.

3/Of course there is also the pay them option but no-one here would advise you to do that.

If you want to try option 2 then check out post #10 of the zzzLazyDaisy LBCCC fightback thread

https://forums.moneysavingexpert.com/discussion/4754020

You will find 4 letters in it. Ignore the first this is the name the driver one.
Modify letter 2 (it was originally written for another PPC) - post your re-draft up here if you want comments before sending - then send that to G24 from the Registered keeper (along with a copy of the naming the driver letter and a copy of your proof of postage when that was originally sent).
The next 2 letters are complaints to the BPA ltd and the DVLA - which may also need minor modifications before you either email or post those to the contacts below.

Once you've done those follow advice in Option 1.

SteveC@britishparking.co.uk

Steve Clark
Head of Operational Services
British Parking Association
Stuart House
41-43 Perrymount Road
Haywards Heath
West Sussex
RH16 3BN

Elizabeth.Symons@dvla.gsi.gov.uk

Elizabeth M Symons
Data Customer Compliance & Assurance Manager
Data Sharing Team
DVLA
Swansea
SA99 1DY

David.Dunford@dvla.gsi.gov.uk

David Dunford
Vehicle Data Customer Assurance and Compliance Practitioner
Data Sharing Team
DVLA
Swansea
SA99 1DY

Coupon-mad

Winnibags wrote: »

Any ideas?:huh:


If the only way is to go to court I'll have to bow out and bloody pay. My husband would never agree to go to court with all the other crap we are dealing with atm.

You are joking - G24 don't do court and I said they would consider a late appeal and will ALWAYS cancel when they see Hot Bring's appeal words, when the driver eventually gets their PCN. The keeper has discharged their liability and the driver hasn't yet had their chance to appeal - that's where you are and nothing has changed. Why are you swallowing their lies? Do as CC has advised. This is just a matter of exposing the lies and non-compliance to get cancellation or a PCN to the driver.

Winnibags

Thank you both. I will do as Collie has suggested. It has crossed my mind to just pay, but I know I'll regret it.

The help on this site has been brilliant. I will definitely itely be sending people your way and in facy have done ao already.

I'll have a read through of Collie's post properly tomorrow and let you know how I get on. One thing I was surprsied about was how quickly g24 got back to me!

Winnibags

G24 Ltd
[Insert Address]

[Insert Date]

[Insert the reference quoted on their letter]



Dear G24 Ltd (deliberately no name on letter?)

PCN Number xxxxx
Vehicle Registration Number xxxxx


I am writing to make a formal complaint.

The grounds of my complaint are set out below:

1 I am the Registered Keeper of the above vehicle, however I was not the driver on the day that of the alleged parking event - a fact which I am willing to prove in court if necessary.

2 By a letter dated [xxx] I advised your department, in writing, of the name and address for service of the driver of the vehicle.

3 By a letter dated [xxx] your staff acknowledged receipt of my letter identifying the driver but advised me that your company still intends to pursue me, as the Registered Keeper.

Put simply, it is not open to you and/or your staff to pick and choose against whom to enforce this charge. You and your client are bound by the law of the land, in the same way as any other private parking company. Since you do now know who the driver is and where that person lives, that is the person who you must pursue.

I refer you to The Protection of Freedoms Act 2012, specifically Sched 4, Paras 2 and 5. You will see that the legislation provides that in order to pursue the Registered Keeper, your company must be unable to take steps to enforce against the driver because it does not know the name of the driver and a current address for service.

I also refer you to the flow chart at BPA Code of Practice Appendix E, which explains in simple terms the procedure that you must follow once the Registered Keeper has disclosed the drivers details (please see the blue part on the top right of the flow chart).

You will see that, nowhere in the legislation, or the supplementary advice provided by the BPA, does it state that the Registered Keeper must provide the driver's details within the arbitrary time limit which you are seeking to impose.

As the template letter sent by yourselves acknowledges, I have already provided you with the name of the driver together with the driver's current address for service. This means that I have discharged my obligations under the POFA 2012, you no longer have any legal grounds to pursue legal proceedings against me, as the Registered Keeper.

I suggest that you now do what is required of you, and serve a Notice to Driver on the driver of the vehicle on the day in question.


Yours etc

PRINT NAME

Winnibags

Does this sound ok? I have changed things slightly as they didn't say 28 days.
I also wanted to check that the nothing has changed in terms of the paragraphs and flow chatrs mentioned at the end of the letter.
Do you advise I complain to bpa and the dvla now aswell? Or wait until I hear back from g24? Maybe say I intend to inform and complain to them in the last paragraph?

Big thank you again. The letter from g24 I think deliberatly has very little information on. No contact details or names.

Winnibags

Can I do a shameless bump?

I'm too much of a wuss to send it without you guys checking it first 😊

ColliesCarer

Letter looks fine.

Do you advise I complain to bpa and the dvla now aswell? Yes

Maybe say I intend to inform and complain to them in the last paragraph? Yes