court proceedings parking eye.

hcad12

In December I received a PCN from parking eye for overstaying by 45 minutes. The car was registered to me as it had been mine. When I bought a new car my estranged husband was buying it off me but as it still had my private plate on I couldn't transfer it into his name. I wrote to parking eye stating I was not the driver and included a copy of my insurance showing the car I was insured to drive. They sent me a further 2 demands which I ignored. They have now issued court proceedings which I have sent a defence saying I wasn't driving. They are still pressing on saying they never received my letter and I am liable to pay as the registered keeper. What now?

Stroma

Did you get proof of postage of that letter you sent? And what exactly have you defended with, I mean the wording? If its only on that then you have problems I think. Do you have witnesses to say you were not driving the car at that time? How long ago did you submit a defence?

Redx

as you are dealing with legal proceedings here, please do not call this a FINE

its a parking charge invoice , so please make sure you use the correct terms whilst fighting this

only use words that it says on the paperwork, nothing else , especially not fine , it never was and never will be a fine - only a judge or court can fine you, this has never been about a fine , its a speculative invoice that is being pursued under the small claims procedures

hcad12

Thanks for the replies. I didn't get proof of postage as I didn't think I would need it. My daughter was in the car as a passenger at the time and can vouch that I was not driving. I replied stating that I wrote to them on such a date stating I was not the driver and enclosed a copy of my insurance showing the car I was insured to drive, They have replied saying they did not receive letter and they still pursuing me

Umkomaas

How many letters do they 'not receive'? Time and again we see this response from them.

I think in their place I'd be having a word with the local postie!

Annie1960

hcad12 wrote: »

Thanks for the replies. I didn't get proof of postage as I didn't think I would need it. My daughter was in the car as a passenger at the time and can vouch that I was not driving. I replied stating that I wrote to them on such a date stating I was not the driver and enclosed a copy of my insurance showing the car I was insured to drive, They have replied saying they did not receive letter and they still pursuing me

Did you keep copies of your previous letters?

hcad12

yes i have a scanned copy of the letter i sent

Stroma

When did you send the defence in? You are going to lose on that I think

Iceweasel

I feel that your responses/appeals so far are unlikely to succeed.

It's very easy with hindsight to say what you should have done and what you should not have done, but simply saying that you were not the driver is highly unlikely to be successful.

I also fail to see how providing a copy of an insurance certificate showing you are/were insured to drive a different car, in any way proves that you were not the driver of the car which is the subject of the PCN in question.

You needed to name the other driver.

Any reason that you didn't do that?

The whole problem would then be over to the other driver and could have been dealt with much more easily?

It may be too late to do that now, but someone will put us straight on that soon I expect.

hcad12

I sent the defence a couple of weeks ago when I received the court documents. I sent a copy of my insurance to show that I was no longer insured to drive the car as it was still registered to me. I did not name the driver as i don't have a forwarding address for the driver and i googled and the forums were saying either ignore all together or that I did not have to disclose. I don't see why I should pay somebodys elses fine. I understood that as I wasn't driving I did not enter a contract with parking eye.

Redx

if this is since oct 2012 then POFA 2012 makes the keeper liable , that is the reason and I would have thought you would have found that out due to the research you have done , however , the advice for the last 16 months was not to ignore , as can be seen from the 2 sticky threads at the top of the forum , also the same advice on pepipoo too