RK but not driver. Informed issuer of actual driver but they're still writing to me.

AgentWD40

I've checked the FAQs etc and I could not find a situation such as this.

My son was driving a car registered to me when he got a private company parking ticket.

After receiving their 'notice to keeper', I replied stating the name and address of the driver ( my son ) on their form.

I have now received from them a letter that states the registered keeper ( me ) has identifed me(!) as being the the hirer(!) of the vehicle.

They appear to have completely ignored the fact that I have named a different person as the driver.

What's the best course of action in this case?

Do I respond, pointing out their error and stating that any further communication with me on the matter will be considered harassment?

or

Do I just ignore it? I'm covered, as I have proof that I named my son as the driver. I don't particularly want to go to court but I'd quite enjoy it if I did as they cannot possibly win and with the bonus that by the time that happens my son may well have moved house again ( student ) and I don't believe I'd be under any obligation to supply another address for him.

I'm inclined to go with the latter as it may ultimately help my son. It's just that I don't want the hassle of attending a small claims court.

Fruitcake

Who issued the PCN?


Certainly a complaint to the PPC is in order pointing out that you have discharged your liability as keeper by naming the driver, emphatically stating that it was not you. No need to tell them who it was a second time; it's bad enough dealing with these people as it is without doing their job for them.


What sort of proof do you have that you named your son as driver? Emails and 'phone calls are no good so the only sure way is if you sent a letter by post and got a free proof of posting.


Do everything in writing, never 'phone a parking company.

Coupon-mad

Sounds like an admin error from a stupid clerk - I am sure PPCs don't attract the brains of Britain!

No idea why you named the driver which isn't good advice unless you were vulnerable (not up to a POPLA appeal!) or if it was a company car. Doesn't sound like either. Especially NOT a good idea if there was a windscreen PCN at first - you just threw your chance to appeal in the bin, unless they are really stupid. You should have sent the NEWBIES thread appeal in response to the NTK.

Which PPC?

I am inclined to say, send the usual appeal from the NEWBIES thread NOW in your name without saying 'who' you are (specifically remove reference to 'I am the keeper/I won't be naming the driver' from the template) and just send a shorter version with your name at the bottom saying the usual points a - f and the drop hands offer and Notice of Cancellation. You may yet get a POPLA code if this was a BPA member.

AgentWD40

The company is pcm.

I have proof of posting and photographs of the form. I've always kept things in writing - I'd never phone them.

My son looked into the situation and for reasons I'm not certain about, he wanted me to give them his details and then he would appeal it on a technicality in respect of their notice.

I don't think pcm is POPLA. It's the other lot isn't it?

Marktheshark

Dear Parking pirates, the registered keeper has complied with POFA by issuing a serviceable address of the driver whom formed contract.
This now means I as registered keeper have no contract with yourselves.
Any further correspondence sent to me shall now be done under the contractual offer of a contractual charge levied by myself to your company at £45 per written reply that I have to send to yourselves.
Acceptance of the contract shall be by service of the contractual offer .
Basically I shall, point out in simple layman terms , do not write to me again or you accept my contractual offer of charging £45 administration fee to cover my actual time and expenses taken to issue a reply in writing.
Any letter sent will be replied to and charged at £45 per reply.
As you are placed on offer to contract by servicing the contract you create acceptance of the contract.
Payment terms are 30 days.
I look forward to your acceptance of my offer to contract by service.
Posted by certified postage.

Coupon-mad

AgentWD40 wrote: »

The company is pcm.

I have proof of posting and photographs of the form. I've always kept things in writing - I'd never phone them.

My son looked into the situation and for reasons I'm not certain about, he wanted me to give them his details and then he would appeal it on a technicality in respect of their notice.

I don't think pcm is POPLA. It's the other lot isn't it?

It's the other lot indeed - and I wouldn't waste your time over this really. If you get a small claim then it would be defendable and we could help. Any complaints you write will likely fall on deaf ears. The first appeal could be sent, like I said:


''send the usual appeal from the NEWBIES thread NOW in your name without saying 'who' you are (specifically remove reference to 'I am the keeper/I won't be naming the driver' from the template) and just send a shorter version with your name at the bottom saying the usual points a - f and the drop hands offer and Notice of Cancellation. ''

AgentWD40

OK, I've replied as suggested ( post 6 ).

Thanks everyone.

I'm rather looking forward to their reply. This could be fun. If they continue to pursue me instead of the actual driver, they're going to waste a lot of time and money!

AgentWD40

I've now had a response to my last letter ( above ).

They now state that they cannot progress an appeal as the matter is now with their debt collection agency ( the guy sitting at the next desk? ).

They also state that the contact details of the debt collection agency "can be found on previous correspondence they have sent you". However, there has been no correspondence from any debt collection agency.

So what happens now?

Marktheshark

You should have sent post 5 as well.
Play them at their own game, they want a contract, offer them one and let them service it.

hoohoo

Raise a complaint with the IPC that the PPC is pursuing you despite you passing on the driver name and address.

Technically you need to raise this with the PPC first, but for speed I would raise it with them and also copy in the IPC.

You might want to let Will Hurley know what is happening too.
will@gladstonessolicitors.co.uk

He will probably stamp out this bad practice.

Guys_Dad

Actually, just appeal to the IPC with evidence of your compliance with POFA and their response.

Assuming that the original "offence" wasn't ages ago and you contacted them within 28 days, then appealing to the IPC on the grounds that you are not liable and that the PPC have ignored POFA - and on these grounds alone to make it simple for any court if IPC are stupid - then a non-stupid IPC must instruct the PPC to cancel the charge.