Fine from July 2013 suddenly rearing its head.

dvdrdl

I have a PE fine from 2013that has suddenly dropped on the doormat.

No picture evidence or anything, since i have had these in the past I am surprised to see it in this new format.

Looks as though they have dug up some old records for another go.

I logged in online to tell them I was not the driver and since it was over a year ago I have no idea who that could be without a picture to check against.

Follow up letter says basically tell us name and address of who was driving or else its my problem.

I'm pretty sure that's not the case.

So do I

A/ Request the images to help them identify the driver

B/ Give them some the address of Joe Bloggs that more than likely is no longer at the address I give them.

C/ Call their bluff and ignore this BS

I don't know anyone that keeps records of their vehicles driver a year and half down the line.:rotfl:

Herzlos

Send them details of an MP, that'll get the problem solved quickly enough.

Seriously though; don't give them someone elses details; if they've moved they could end up with a CCJ (through not knowing about it to defend it).

At this stage, I'd just ignore it, it's a fishing expedition. IF (big if) they send you any pre-court (and not just threats), then reply requesting adjudication via POPLA.

bargepole

dvdrdl wrote: »

A/ Request the images to help them identify the driver

B/ Give them some the address of Joe Bloggs that more than likely is no longer at the address I give them.

C/ Call their bluff and ignore this BS

D/ None of the above would be the correct advice.

A: They don't need to identify the driver. The Protection of Freedoms Act 2012, Schedule 4, allows them to pursue the registered keeper.

B: If you provide a moody address, you could find yourself in trouble with the courts.

C: It's not a bluff, they are on track to issue 30,000 court claims this year alone. You should not have ignored this last year, the advice changed a long time ago.


You need to start researching on how to defend this in court, as that's where it's likely to end up.

pogofish

Start with the Newbies Sticky - It lays-out your range of options.

Coupon-mad

bargepole wrote: »

D/ None of the above would be the correct advice.

A: They don't need to identify the driver. The Protection of Freedoms Act 2012, Schedule 4, allows them to pursue the registered keeper.

B: If you provide a moody address, you could find yourself in trouble with the courts.

C: It's not a bluff, they are on track to issue 30,000 court claims this year alone. You should not have ignored this last year, the advice changed a long time ago.

You need to start researching on how to defend this in court, as that's where it's likely to end up.

Seconded. Take it seriously.

Follow up letter says basically tell us name and address of who was driving or else its my problem.

I'm pretty sure that's not the case.

You are wrong and ParkingEye are about to help you see that there is such a thing as keeper liability and you should never have ignored it. Should have appealed (if you got the original PCN) and beaten it easily at POPLA. Court is MUCH less easy so give it a swerve if you possibly can.

If you have a LBCCC then look at the LBCCC Fightback thread.

Either way, think hard about who was likely to have been driving and name the person (and their address for service - any family address). This rewinds it riiiight back to where it started and the driver can then appeal and will win at POPLA. Covered in the Newbies thread about 'too late to appeal? rewind the clock'.

dvdrdl

So a request for the image will be denied?

I would not want to point the finger at the wrong person, for obvious reasons

I am happy to go the full length and take it on the chin if i have to though, someone has to stand up to these guys

Tilt

The OP says it's a "fine". If at all anywhere on the original 'PCN' or subsequent correspondence is the word "fine" used, then I would happily go to court with it. A private concern cannot legally recover a fine or penalty through the courts.

But i'm assuming that the OP has himself called it a fine and as such he should follow CP's advice.

dvdrdl

On this particular letter it is referred to as a 'parking charge'.

And if this is the case I will gladly give them their pound back

Coupon-mad

If you have a LBCCC then look at the LBCCC Fightback thread to send a robust response. And start complaining to the retailer CEO as that often works but MUST be done before PE start court proceedings.

dvdrdl

I have been in touch with my local MP to try and find out who's land this really is so I can vent on them. All I have found is a company in London that has some involvement.?

I certainly won't be shopping at Walsall Crown Wharf again as long as Parking Eye manage it.

Coupon-mad

Well why not just Google the place? Every large retail park is Google-able by their name - and 99 times out of 100 you will find who manages it. Come on, this is easy, you could even have just put the word 'Walsall' into the 'search this forum' heading (next to forum tools along the top above the sticky threads) and found this from a poster who didn't muck about:

https://forums.moneysavingexpert.com/discussion/comment/66550512#Comment_66550512

The MSE forum works best when newbies just search it for a keyword rather than start a new thread. You would have found that result in seconds.