Help needed

Fruitcake

Cbella38 wrote: »

The driver named themselves because they read the NTK letter and it said if weren't the driver please give details of who was . So driver followed the instructions as keeper gave letter to driver . Driver knows now after being in the forum they should not have responded but thought was doing right thing . But yes even though driver details were supplied and address still keep sending things to keeper .

But to whom have the court papers been sent, the keeper or the driver? Who is the defendant, keeper or driver?

Cbella38

Papers still went to KEEPER

waamo

Fruitcake wrote: »

But to whom have the court papers been sent, the keeper or the driver? Who is the defendant, keeper or driver?

I asked this earlier. From what I could make out the drivers full details have been provided however they have named the RK on the court papers.

I'm not convinced keeper liability exits as the RK wasn't driving.

Cbella38

What's this mean then ?

waamo

In simple laymans terms Under POFA the keeper is held liable for private parking tickets. That's assuming the driver is unknown or the keeper chooses not to name them.

If the driver is named and a serviceable contact address given then liability transfers to the driver.

It sounds like the numpties at Gladstones haven't realised (or are ignoring) the fact the driver has been named.

Essentially the wrong person is being sued and that should go in your defence.

Cbella38

OK- honestly please put things in layman's terms . So with this in mind what do we do now ?

Umkomaas

Cbella38 wrote: »

OK- honestly please put things in layman's terms . So with this in mind what do we do now ?

It's unlikely to be in simple layman's terms when it gets to court, unfortunately. You will need to get your head around some of the legal issues as you are likely going to have to argue your case on that basis in front of the judge.

Cbella38

Happy to do that ..would much rather be face to face with the judge .. could Driver call the court and ask to be seen ?

safarmuk

Perhaps an example will help CBella.

Take the extreme example of a hire car that gets a PCN.
The Registered Keeper is the Hire Company (e.g. Fred's Hire Company)
The Driver is the person who hired it (e.g. Joe Bloggs)

1) The NTK goes to Fred's Hire Company
2) Fred's Hire Company let the Private Parking Company know that Joe Bloggs was the driver and his address is 1 Acacia Avenue, London.
At this point the Registered Keeper has discharged their liability for this PCN - under POFA 2012 - by naming the driver and providing a serviceable address.
3) From now on the Private Parking Company should pursue Joe Bloggs - the driver - for the PCN (including court papers)

Apply this example to your situation by thinking:
1) Who was the Registered Keeper (lets assume this is "A")
2) Did the Registered Keeper ("A") fill out the slip on the PCN naming the Driver (lets assume this is "B") and providing a serviceable address
3) If the above was done properly the court papers should be in the name of "B" not "A"

As Waamo and Umkomaas says, if all was done properly and the court papers are in the name of "A" then that is incorrect, they are pursuing and claiming from the wrong person.

It's important you understand the above and apply your case to these rules to determine what the situation is here.

Cbella38

This is soooooo helpful THANK YOU. The KEEPER did not respond to the NTK the DRIVER did giving FULL account as to what happened on that day and gave FULL NAME AND ADDRESS but still everything was sent to KEEPER and first letter back from Parking company addressed letter as.if the KEEPER had written then letter yet it was the driver they should have written too.