Parking Eye reset popla question

Roadkill23

I'll try to keep this quick as im sure the guys that devote their time to helping others have heard much of this before.

I've read a lot of posts on the subject as i received a charge from 2 separate car parks on one trip last month.
Long story short middle of driving to back from Cornwall at night my van over heated twice and i had to stop twice to let it cool, was at night and didn't even think to look around for signs in the dark, and over stayed my welcome apparently. I am now at a stage where I have been given a Letter before court blah blah blah.. but have yet to contact Parking Eye. The question: Could i suggest I was not the driver and give the details of perhaps a close friend or relative and so re-setting the process to the point where i could pay a reduced amount again to just end the process quickly, would this affect the friend or relatives credit/legal status having a charge put against their name?

Thank you for your help, I have read a lot of posts on this and guys and girls in the know have my up-most respect!

bazster

No-one here will countenance you lying.

Your best bet to deal with this honestly is to read this thread:

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

The_Slithy_Tove

Naming someone who was not the driver would be a lie, and make you no better than PE themselves when it comes to dishonesty. Also, would you stand up in a court and say in front of a judge that it was your "friend" driving?

The_Deep

Attempting to pervert the course of justice, which this could end up as, is not a good career move, ask Chris Huhne. However I suspect that thousands do it.

Edna_Basher

If these two "transgressions" only happened last month, the PPC has been very quick off the mark getting to the Letter Before Claim stage. :question::question::question::question::question:

Also, you should have received two separate NTKs (one for each alleged "transgression") meaning that there should also be two separate Letters Before Claim.

It would be useful to know:

When exactly these alleged "transgressions" took place
The details of the car parks in which these alleged transgressions" took place
The date(s) of the Notice(s) to Keeper

Roadkill23

It is not my intention to pervert anything outside of the general borders of moral conduct, since these capitalist scum bags have already set the tone of the matter by being so ridiculous in what they have charged me. I don't feel particularly un-ethical in doing so. But I understand your points. I do not intend to stand in front of any court over this trivial matter, I will pay before then. But I assumed if I named 'the driver' then the matter would default back to start and they would then begin receiving the threatening letters and I would simply pay immediately the lowered 'fine'.

The matter started the beginning of August, I have not kept one letter from them so far so have no real idea on how many I received or when. From what I have read and heard is that you do not negotiate with terrorists. I do not want a long drawn out fight over this so may very well end up just paying, I'm sure your all glad to here that
Thank you for your reply's, and if anyone could just clarify the procedure re-sets after the named driver has been brought to light I would appreciate it.

Dee140157

Never glad to hear of someone paying a PPC.

We just like to try and help win these things legally. We never advise anyone to tell lies.

If we can help you win this legally, we will. We might avoid truths, but we do not lie.

Umkomaas

If there is a legitimate driver to divulge (and to reiterate what any regular has said or will say here), it needs to be above board, then you need to do so 'before proceedings commence'. A LBCCC is not the commencement of proceedings, but one very short step away from it, especially in the context of PE who will issue court proceedings as sure as night follows day.

Even if there is a legitimate 'other driver', you still have your work cut out to get this to revert to base camp 1.

All that said, if you contest the LBCCC(s) and you pressurise any landowner involved to effect a cancellation, you may find that PE will settle for a lower 'admin charge only' of around £50-£60, which is obviously better than shooting them £165 a pop, going down without a fight!

Guys_Dad

I too find it unbelievable that you have a LBCC letter or anything like it from Parking Eye from the timescale you suggest.

Even assuming you got the PCNs at the beginning of August, Parking Eye, who are pretty good at following BPA and POFA, would have had to send you as RK a NtK/NtO

I quote from the BPA CoP

23.3 Under POFA 2012, you can gain the right to recover
unpaid charges from keepers only if particular conditions have been met. Once the conditions are met you may use your right to recover, after the end of the period of 28 days beginning with the day on which the Notice to Keeper was given. You should read paragraph 4 of Schedule 4 of POFA 2012 to understand what these conditions are. Note in particular that if:
• the vehicle was stolen at the time of the parking event, or
• the vehicle keeper has sold on the vehicle to another registered keeper
you will not be able to pursue the vehicle keeper under the POFA 2012 provisions. However, if the keeper did not give you details about the driver or hirer, or if the driver or hirer refuses to acknowledge their liability, you would be able to pursue the registered keeper.
23.4 Once you have become able to use your rights to recover from the keeper under POFA 2012 you must do so in line with the following steps in the Code.
These steps are based on industry good practice, not on the law.
a Notification letter
• You should send a notification letter to the keeper. This letter should say that the keeper is now liable to pay the charge, and that the keeper should pay the amount due within a set time.
• You must wait until at least 28 days after you sent the Notice to Keeper before sending the notification letter.
• The notification letter does not have to follow a specific format but should confirm that the amount is due and how it should be paid.
• You should also tell the keeper about how to complain, challenge or appeal.

b Final reminder
• If you do not receive a challenge or appeal, and the parking charge is unpaid, you may send a final reminder.
• You must wait until at least 14 days after you sent the notification letter before sending a final reminder.
• You should make it clear in the final reminder how to make the payment and what you will do next if you do not receive payment.

c Court action or charge recovery
• When you have sent the final reminder, you must wait at least 14 days before taking further action, such as starting court action or debt recovery against the keeper

So, there is no way, if they are following BPC CoP that you should have had a genuine LBCC within 35 days.

Now we can help, including advice on complaining to BPA, but you need to give us real info to work with.

So, what does this latest letter say?

And when did the original contravention occur or when was the NtK sent to you?

The dates are needed to best advise you. Even approx dates would be helpful at this stage