Received PCN - I'm not the driver nor the keeper of the vehicle

tati

Hello all,



A question - I was the registered keeper of the vehicle at the time of alledged contravention. The evidence taken by Parking Control Management shows an unknown male stepping out of the car. This in itself is the best prove that I should not be held responsible for the parking fine - is that correct? Or can I be held responsible purely by being a registered keeper?

Fruitcake

You can name the driver if you know them, but if you can't identify that person then unfortunately The Keeper can be held liable.

However, you aren't the registered keeper or owner. You weren't the day to day keeper either.

This all comes down to your ex falsifying documents, and that is what I think you should be concentrating on.

Do you have a copy of the hire agreement with the falsified signature on it? I still don't understand how this cannot be considered fraud (obtaining goods/service by deception).

Has your MP responded to you yet?

tati

The problem is that as he was named second driver he had the power to make a claim and lease the car - I was told today by the insurance company

I remain the registered keeper.


I have no idea who is the Asian male stepping out of the car on the evidence


Looks like the responsibility to pay this charge may be mine....?

tati

Yes, I do have a copy of the lease agreement signed by my ex-partner.


Actually, the registered keeper, as held by DVLA, is my ex-partner. I am only the insurance cover keeper - is this the same?



This is ridiculous if I will be held liable

Fruitcake

tati wrote: »

Yes, I do have a copy of the lease agreement signed by my ex-partner.


Actually, the registered keeper, as held by DVLA, is my ex-partner. I am only the insurance cover keeper - is this the same?



This is ridiculous if I will be held liable

I don't know what insurance cover keeper means.

The normal entities where a vehicle is concerned are.

Driver
Owner
Day to day Keeper
Registered Keeper
Hirer/lessee

all of whom can be completely different people.

If someone refuses to acknowledge being the driver, or the driver's identity is not known, then the keeper can be held liable. This is assumed to be the registered keeper unless proven differently.

If you are not the registered keeper as per the records held by the DVLA, I don't understand why you are being pursued, other than the scammers are scammers and don't care about anything other than extracting money.

Again, what has your MP said about all this?

tati

I am unsure where Gladstones got my details from.


The situation is not straight-forward but I'll explain as clearly as I can.


Me and my ex-partner had a car when we were common law partners. We owned a car, my ex was the DVLA registered keeper. We purchased insurance cover for that car for the period April 2017-April 2018, I was the main driver and policy holder, my ex was named second driver. I have split from my partner January 2018, the cover kept rolling. It was an immensely difficult time for me, I really had no head to think about the car insurance.


After split my ex continued to use the car. He was also harassing me which led to me getting non-mo March 2017-March 2018.

My ex caused an accident in March 2018, the car was declared total loss and he was offered courtesy car. I called the insurance company to ask for details. I was told that, as he was named second driver, he could make decisions on the policy.

My ex communicated with the insuring company and was offered courtesy car for the time when the car involved in the accident was under inspection. The lease agreement for the courtesy car was produced under my name, the car was delivered to my ex and he signed it. It can be seen on the agreement, that my name is written under the signature box but my ex had signed it.I had no knowledge of this. Today I called the insuring company and was told that yes, the second driver can make decisions and make claims on the policy. I asked, is it OK that he signed an agreement that was issued on my name? 'He can make decisions' I was told..



My ex had received the courtesy car and as soon as he started using it, he carried on following me in that car. On the day that he received the car, he harassed me (followed me while I was in a taxi). I reported the harassment to the police, CAD number recorded. On the same day of harassment, parking charge was issued. Few weeks later the parking charge notice letter came to my address.



To complicate matters further, the evidence available for inspection from the parking company shows a picture of an unknown man stepping out of the car... Likely to be a representative of a leasing company who was delivering the car to my ex-partner; who likely had decided to buy something from the shop so he parked in an infamous Heath Parade bay...


I hope that this story when re-told in court can be ruled in my favour.

Fruitcake

OK, I think you need to concentrate on why the PCN was sent to you as opposed to the registered keeper or day to day keeper.

This could be as a result of someone telling lies.

Are you being pursued by Gladstones as keeper or driver?

Please bear in mind that Gladrags have probably not even looked at your correspondence. They have admitted they don't have time to check thing as they have so many claims on the go that they don't bother to look.

tati

The Gladstones are pursuing me as a driver and/or keeper of the vehicle.



The lease agreement for the courtesy car states that the lessee is the registered keeper. I think this is where the 'enforcement'(?) comes from and the insurance company have likely passed on my details.


I don't think anybody is lying here

Fruitcake

The lessee cannot be the registered keeper. This can only be the person whose details are on the V5 and held by the DVLA.

You "could" be the day to day keeper, but the PoFA states that it is assumed the keeper is the registered keeper unless proven otherwise, or words to that effect. If you deny being the day to day keeper, then according to the PoFA, the person liable reverts back to being the registered keeper.

By their own evidence of the male in their "evidence" picture, you cannot be the driver.

You should contact the PPC and Gladrags and deny that you are the driver or day to day keeper, therefore they should cease and desist and contact only the registered keeper.
You should also complain to the lease company that they are liable as registered keeper so they must not only deal with this, but will also be required to attend court should it get that far to explain themselves.
It is possible that the person in the picture is an employee of the lease company and it is they that parked the car so is liable for this charge.

Yet again, what has your MP said about this mess? Out MPs are the only people who can stop this scam which is why it is imperative that you involve him/her.

tati

I will try my best to contact MP, I have not done so yet..


How shall I best contact Gladrags? Call or email?



Thank you all for your replies!