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

beckyshields

Ok then, thanks everyone! I've read POFA 2012 but I can't see which bit I should be quoting back to them. I actually can't make head nor tail of it at all!

Nodding_Donkey

5(1)The first condition is that the creditor—

(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but

(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.

(2)Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.

So it follows that if they do know the drivers name and address for service and they haven't started legal proceedings then they can't proceed against the keeper.

TBH I'd let them take me to court, the BPA have stated that they did know who the driver was.

Coupon-mad

It's only ECP so nothing to worry about but complain back to the BPA and point out the paragraph above.

Hot_Bring

What a load of steaming horse poo from the BPA - utterly lying. Who in the BPA sent you that ?

beckyshields

Hot_Bring wrote: »

What a load of steaming horse poo from the BPA - utterly lying. Who in the BPA sent you that ?

David Metcalf

Hot_Bring

beckyshields wrote: »

David Metcalf

Thank you, I'll be sending him an email later quoting back to him, pointing out the law and copying in his boss Steve Clarke. Mr Metcalf is clearly a fool.

beckyshields

Does this reply sound ok
" I have read POFA 2012 myself and as Euro Carparks have received the drivers name they should be pursuing the driver and not myself the keeper. It does not matter that they did not receive this information before the 28 days, the crucial fact is that legal proceedings had not begun when they received the drivers details.

POFA 2012

[FONT=&quot]5(1)The first condition is that the creditor—

(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but

(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.

(2)Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper"

Or am I being too nice?

These are all from the keeper
[/FONT]

Hot_Bring

I'd add something along the lines of :

"I don't appreciate being given false information from an employee of a supposed trade body. POFA quite clearly indicates the naming of the driver was completed within the lawful timescale. For the BPA, and in particular David Metcalf, to suggest otherwise can only be either incompetence or lying. "

PS - yes, far too nice !

Guys_Dad

All dogs are animals - correct.
All animals are dogs - incorrect.

Regrettably the section quoted only protects the driver after proceedings have been started - not the RK. POFA is not explicit about the timescaale allowed for a keeper to nominate the driver - there is nothing in it, unfortunately, that states that the keeper has more than 28 days.

What it does say is that once the PPC has started proceedings against the keeper (after 28 days) they can no longer pursue the driver.

But what constitutes "proceedings" ?

beckyshields

Guys_Dad wrote: »

All dogs are animals - correct.
All animals are dogs - incorrect.

Regrettably the section quoted only protects the driver after proceedings have been started - not the RK. POFA is not explicit about the timescaale allowed for a keeper to nominate the driver - there is nothing in it, unfortunately, that states that the keeper has more than 28 days.

What it does say is that once the PPC has started proceedings against the keeper (after 28 days) they can no longer pursue the driver.

But what constitutes "proceedings" ?

Do I have no option but to pay up then? We can't risk a ccj.