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Euro Car Parks Ltd. Ignoring my letter regarding who driver was

Hi,
I hope somebody might be able to help please.

I received parking ticket in Feb 2014 from Euro Car Parks Ltd when I visited a local retail park. I came onto the MSE website (not the forum) for advice and followed what was at the time labelled the vigilante approach ( I see this information has now been taken down) and ignored the letter. Of course they kept coming as I didn't realise the information had changed.

I realised with the previous letter that I should do something and came onto the forum and read lots of posts and my husband wrote to them (recorded post) and emailed them using the template from this forum informing them that he was just the registered keeper and not the driver. He gave them my details and my work address.

They have completely ignored that letter and email and today we have received from Debt Recovery Plus a letter titled "Reduced payment offer to avoid court proceedings £104" they say we have until 11/07/2014 to pay the reduced amount and if we do not then it will go back to the original amount of £130 and be referred to a solicitor for court proceedings.

I can't see a post advising what I should do now? If there is one could someone please point me in that direction or advise how we should no proceed?

Many thanks in advance!
Becky
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Replies

  • edited 30 June 2014 at 5:16PM
    Coupon-madCoupon-mad
    111.7K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    edited 30 June 2014 at 5:16PM
    Go to post #4 of the NEWBIES sticky to read about tedious old DRP letters. They are sooo boring, I hate reading about them...yawn...nothing to write home or here about! But you can read all about them if you really want to, and you can search this forum to read all the far too many other threads about them.

    More importantly, go to post #6 of the NEWBIES sticky to read about how to complain to the BPA Ltd that the keeper is still being bothered and the driver has never had their chance to appeal, never been sent any PCN at all despite the proof of posting the driver's name and address. The registered keeper has discharged their potential liability under POFA 2012, end of story. The PPC can only take the matter up with the driver.

    Also the keeper should reply to ECP and DRP (copy to both sets of idiots) and tell them that, because the keeper has proof they have received the driver's name and address, to harass the keeper still is illegal and they have been reported to the BPA. As such the keeper expects them to take the matter up with the driver who has NOT been given any chance to appeal in their own right and has never been sent a PCN.

    Obviously the keeper writes the above, not the driver who stays silent until they get their PCN. Either way, as things stand neither are liable.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thanks for the help! My husband now tells me he stupidly thinks he's lost the proof of postage!!! What do I do in this instance?
  • RedxRedx Forumite
    38.1K Posts
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    do it all anyway , they dont know if you have proof of posting or not
  • Thanks everyone! All done.
  • edited 11 July 2014 at 1:40PM
    beckyshieldsbeckyshields Forumite
    23 Posts
    edited 11 July 2014 at 1:40PM
    Help again please!
    They are still ignoring my letters.
    I complained to the BPA who today replied saying the following :-
    " Thank you for sending all the information in to me with regard to your PCN complaint.

    I have been in contact with Euro Carparks and they have sent back a comprehensive reply.
    The relevant dates and actions are below:-

    The Parking Charge Notice was issued 18/02/2014 at Ravenside RP (entered 11.44 exited 14.51 ANPR – max stay 120 minutes)
    The parking charge notice was sent to the Registered Keeper 24/02/14
    No appeal and no payment from motorist
    A NTK was processed and sent to the Registered Keeper 18/03/14
    No appeal and no payment from motorist
    As no contact at all the operator progressed to Debt Recovery 16/05/14
    Euro car parks then received an advice stating that XXXX was the driver and not
    XXXX.

    On the 04/07 Euro car parks received further correspondence with regards change of address.

    In a case like this with no appeals from a motorist it means the parking operator will have no choice but to progress the charge process.
    The operator also has the right, after a period of 28 days, to pursue the keeper of the vehicle for the charge irrespective of whether or not the driver is identified. This is part of the POFA (Protection of Freedoms Act) 2012 legislation as set out in the BPA code of practice in italics below:-

    20.11 The Notice to Keeper serves three purposes:
    • it invites the keeper to pay the unpaid parking charge
    • if the keeper was not the driver it invites the keeper
    to tell you who the driver was, and
    • it starts the 28-day time period after which the keeper
    may become liable to pay the unpaid parking charge.

    20.16 If the keeper does not reply within 28 days, or refuses to
    give enough details about the driver, under Schedule 4 of
    POFA 2012 you are (the operator)able to pursue the keeper for the
    unpaid parking charge.

    Unfortunately in your case owing to the lack of contact the operator has every right to pursue the vehicle keeper.
    There is no breach of the code of practice and there is no more that I can do and the case will be closed.

    "

    I don't know what to do now!!
    Please help!!
  • bod1467bod1467
    15.2K Posts
    Forumite
    The operator has the right to pursue the keeper, but not if the keeper has identified the driver!

    And the keeper can identify the driver (and discharge liability) at any time prior to the commencement of legal proceedings. The 28 days that they mention is purely the time span they must wait before they can commence legal proceedings.

    This is typical BPA misinterpretation of the law so they can back up their members.

    http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted
  • So what do I do now then? :(
  • The_Slithy_ToveThe_Slithy_Tove Forumite
    4K Posts
    Part of the Furniture 1,000 Posts
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    You tell the BPA that they are lying and seriously misinformed. Quote POFA at them, and ask them where in that it indicates a 28 day cutoff for identifying the driver. It specifically states the cutoff for driver nomination as the point when legal procedings start, which they haven't. Legally you have discharged your responsibility as keeper, and threaten BPA and the PPC that you will sue them for harassment if they continue to pursue you for something for which you are legally not responsible.
  • RedxRedx Forumite
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    bear in mind the above is done by the RK , not the driver (due to naming the driver which they have admitted in that letter above)

    so the RK gets irate at the BPA , ECP etc
  • bazsterbazster Forumite
    7.4K Posts
    1,000 Posts Combo Breaker
    Pack of lies from BPA Ltd. Send a complaint to DVLA covering all this and stating the BPA Ltd. is not fit to hold ATA status.

    You could also reply to BPA Ltd.:

    Despite your delusions, POFA 2012 is NOT set out in your Code of Practice, POFA 2012 is the law, and if your Code of Practice mis-states the law then your Code of Practice is WRONG.
    Je suis Charlie.
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