Letter before court action from Parking Eye

bod1467

A set-aside only applies after you have lost a court claim and received a default judgement (because you didn't defend it). So not applicable for you.

What you should be doing (IF you receive a genuine court claim) is to ask for a stay for the PE vs Beavis appeal.

Marktheshark

Just to point out you can serve notice on them of the driver until they file court papers.
Dear Nice parking company your reference parking charge ******
You are served legal notice under POFA 2012 that the Registered keeper was not the driver, you are provided a serviceable address for the driver on this date xx/xx/xxxx
This is the drivers details
This notice discharges keeper liability under pofa 2012 and certified proof of postage has been obtained.
The registered keeper.

choice4

But if you name someone else as the driver, then would then not chase after that person.
Also can I do that now even though I have written an acknowledgment letter to them

bod1467

If there was never a windscreen ticket, then the keeper naming the driver means the driver gets their own PCN ... which they can appeal and take to POPLA (and win with our help).

And yes - you can still do this. Until a claim is filed then no proceedings have started, so the keeper can discharge their liability accordingly.

Marktheshark

You can name the driver up until they serve court papers.
That driver can then make a soft appeal and POPLA appeal.
Obviously you would have to know who was driving the car .

If this is not an option, you had really start getting ready to receive court papers from them, and a CCJ if you do not go to court and win the case with a good defence.
I do not want to put frighteners out on their behalf, just point out what is going to happen.
The "fightback" letter was a huge waste of time, it doesn't work !
They will file papers and the district judge will hear the case.


Your other option is to pester Morrisons, who quite frankly ought to be F*****G ashamed of themselves letting these people sue customers for the crime of shopping.
No wonder they are in the brown stuff and customers are leaving in droves !
Go see the store manager and ask him why they are doing this to you, a customer who made the error of spending a few minutes too long in store shopping.
See if he offers to cancel it, they can and if they say not they are a liar.

choice4

Thanks I have also written to the CEO of Morrison, I am still waiting for a reply.
What if the driver of the vehicle has no car, do I have to provide a name and address and would their details be check out at DVLA first before they send them a letter

Marktheshark

No parking firm has access to driving licence details or insurance details and it is none of their business anyway, they work on the assumption of contract, who drives and parks has a contract, if nobody admits to driving or the keeper refuses to tell them who, the POFA which our stupid MP's fell for gives them the right to chance the registered keeper which at present is you
As long as the driver admits driving and replies to the parking firm they have to send them their own parking charge.
Say for example your wife or husband was driving that day and they are chasing you as registered keeper, you can name them as driver up until they send court papers.
They can then appeal and POPLA appeal the parking firm, which we are good at here.

choice4

Wonderful mark the shark I would send a letter to them tomorrow and get a proof of postage.
Thanks

bod1467

Marktheshark wrote: »

As long as the driver admits driving and replies to the parking firm they have to send them their own parking charge.

Not correct, sorry. The keeper discharges their liability by providing the name and serviceable address of the driver. The PPC may then issue the driver with their own PCN - the driver can then take their own approach, which would logically be to appeal to the PPC and then to POPLA if necessary; but the driver is equally at liberty to ignore the PPC. The driver does not have to communicate with the PPC at all, and failure to do so does not revert liability to the keeper.

Bottom line - whether the driver appeals or ignores, the keeper has discharged their liability. Any further action by the PPC can only be against the named driver - anything they do to pursue the keeper thereafter would be harassment.

The rest of your post is fine.

choice4

Well to my surprise when I got home today I received a letter from parking eye that the ticket has been cancelled.
Well no need for me to name the driver anymore and no need to go to court hurray!
I am not sure if it is the letter I wrote to the chief executive of Morrison or if it is the acknowledgment letter I wrote to parking eye that did the trick, but it is now cancelled , thanks everyone

I have another ticket I have appealed, I think I better write to Morrison about this one too.