Notice to Keeper (Minster Baywatch, ANPR)

BindiBahji

Thanks, IAE - I think I follow the argument, though I still feel it's tenuous and I think I would have to include the issue in any defence.

I can't find that exact planning application. I'm seeing 16/02461/FUL (Installation of ANPR camera) and 08/02275/FUL (Retention of ticket machine). Do you have a link to the one you found?

Is it of relevance that retrospective planning consent for the ANPR camera was only granted a month after the date they claim the overstay took place?

System

Given that essentially BW and MB are one and the same company, how could POPLA possibly view this as 'landowner authority' for MB to operate on the land? Surely just an 'inside job'?

IMHO it doesn't make any difference - see Cavendish Square v Makdessi.

Is it of relevance that retrospective planning consent for the ANPR camera was only granted a month after the date they claim the overstay took place?

Again IMHO it doesn't make a difference unless they were under sanction for a breach of planning permission.

16/02461/FUL at #1 shows the Applicant to be BW. At #25 it shows the owners to be Reel Cinemas. So a judge just takes the logical decision that the owners (RC) have leased/employed BW to run the car park with MB being the enforcers. Though to all intents Cavendish suggests BW could do their own enforcement.

Suggest you keep the argument in but do not rely on it. Sometimes a judge can come to a favourable decision for a defendant from an odd angle. So have a range of arguments.

BindiBahji

Update: have now received a letter headed Demand For Payment Of Unpaid Charge.They're now claiming an extra £55 as a 'debt recovery charge' for passing it to their 'internal collections team'.

Coupon-mad

Nice. Ignore.

BindiBahji

Update: have now received a Letter Before Claim with the claimed amount mysteriously bumped to £160.

I don't really have time to deal with this right now so am considering naming the driver (I've spoken to the driver who would agree to being named). If I do, are the PCC obliged to issue a new NtD? Or can they move straight to a LBC?

Umkomaas

They should issue a fresh NtD to the driver. But don't expect them to play by the rules - it's quite probable they don't even understand them. They are bullies, not necessarily cerebrally blessed, so the finer points of this stuff probably escapes them. But once you've passed liability over to the driver by identifying him/her to the PPC, keeper liability is removed - as per PoFA.

But this needs to be done before the issue of any formal court papers, so time is of the essence. After court papers are issued, the keeper has to deal with it.

I've not read right the way back through the thread, but the advice above is based on this not being a windscreen ticket issued initially.

BindiBahji

Is LazyDaisy's template letter is still relevant? Do I need to send it to both the PCC and Gladstones?

Dear Sir
PCN Number xxxx
Vehicle Registration Number xxxxx

I am the registered keeper of the above mentioned vehicle.
I am writing to acknowledge the letter before county court claim dated [insert date] and to inform you that I was not the driver of the vehicle on the date of the alleged 'parking event'.


Therefore you must pursue the driver, whose details are:
[INSERT NAME]
[INSERT ADDRESS]


PLEASE NOTE: This discharges my obligation as Registered Keeper under PoFA 2012 and any court proceedings will be defended on that basis.


I look forward to receiving confirmation from you that you will cease all further action against me with immediate effect.

DoaM

Dear Sir
PCN Number xxxx
Vehicle Registration Number xxxxx

I am the registered keeper of the above mentioned vehicle.
I am writing to acknowledge the letter before county court claim dated [insert date] and to inform you that I was not the driver of the vehicle on the date of the alleged 'parking event'.


Therefore you must pursue the driver, whose details are:
[INSERT NAME]
[INSERT ADDRESS]


PLEASE NOTE: This discharges my obligation as Registered Keeper under PoFA 2012 and any court proceedings will be defended on that basis, with your unreasonable behaviour being brought to the court's attention.


I look forward to receiving confirmation from you that you will cease all further action against me with immediate effect.

I'd consider adding that, but otherwise it's fine.