Finance car: ticket but not the registered keeper

Lewcooper

Hi all,

I financed my first car with Barclays through marmalade as the finance broker, however I have only recently got round to changing the registered keeper of the car from marmalade to myself- as they failed to do it or help me with how.

I then got a parking ticket for 'not following rules- double parking over 2 bays' which, I admit I did due to a ladder being in the way. However, I didn't pay as I've read that sometimes if you wait it out it then they may give up.

Since, euro car parks and their debt agencies etc have sent marmelade invoices and requests for payment, which they then forward onto me. However, doing my own research and using POPLA's own code of conduct, marmalade should name myself as the driver and then Euro car parks should contact me and offer me the reduced rate.

I need help with the solution to this issue- should I now pay (as they're offering a 50% reduction in the latest letter) or wait and see if marmelade name me as a driver?

I'm just wondering if there's a possibility of legal issues for me from marmelade if Euro car parks take them to court? However, the underlying problem is that I think marmalade should simply name me as the driver because I can't pay a fine or debt collection agency when I'm not the debtor?

Any help would be greatly appreciated!

Lewis

Redx

popla dont have a code of conduct, but the BPA does

marmalade dont know who the driver was, it could have been ME for example

the owner should follow the procedures under POFA2012 (as explained by edna basher in the NEWBIES sticky thread and endorsed by the BVRLA guidelines)

and name the HIRER/LESSEE/KEEPER (not the driver as they have no idea who the driver is)

you need to get to grips with the terminology here , on who is what , which are

OWNER
HIRER
REGISTERED KEEPER
HIRER/LESSEE/KEEPER
DRIVER

assume I was driving , then try to word your last post so we can understand it from the perspective of who is what entity

the RK as hire company/leasing agent should name the hirer and issue copies of the hire documents to the PPC

the PPC should then issue an NTK in the hirers name and address with copies of the contract as given by the hire company

the edna basher posts are more comprehensive on this complicated issue

the ability to pay or not has no bearing in these matters

debt collectors are powerless without a court order

if marmalade continue to ignore a 5 year old law (POFA2012) and fail to follow BVRLA guidelines that is their problem , not yours

Coupon-mad

No the advice is not to 'not take any action'. But DO NOT out yourself as driver.

Send the usual appeal in the style of Edna Basher's posts, there's an example in the NEWBIES thread. You are the lessee, and the keeper. Appeal like that and you are not liable, and you remove Marmalade from the entire thing to stop them panicking and paying it.

Do not contact debt collectors.

Redx

remove any hint of who was driving from your last post

NEVER write personal stuff on a public forum

at no time did I tell you to use the words

ME
MYSELF
I

just say THE DRIVER was driving blah blah

as I said earlier , assume that I was driving , seeing as millions of people in the UK can drive this vehicle using their own insurance policies (me included)

never assume that only the lessee can drive said vehicle

AND nobody received a "fine" , they received an invoice (a Parking Charge Notice)
marmalade HAVE THEMSELVES TO BLAME BY NOT FOLLOWING A 5 YEAR OLD LAW that applies in england and wales , it is their job to do things correctly , not yours to do it for them

appeal as keeper/lessee like we are telling you to do, so you get an NTK in your own name , meaning the PPC will have failed their procedures too (not obtaining the contract agreement details)

and you have been waiting for marmalade to name the KEEPER/LESSEE/HIRER , not the driver, because marmalade cannot say who was driving , especially in a court of law, because they have no idea and so would be lying if they said you were driving , which is contempt of court or perjury

they can assume all they like , but legally they cannot name the driver because they do not know who the driver was

so appeal as lessee/keeper , and do not contact any debt collectors , do not phone any debt collectors nor the parking company either