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Quickie......I can name driver up until when exactly??

PCN and subsequent LBC from ParkingLie......


UIAVMM....we can now name the driver and they have to start again??


Up until what point can we do this...we're assuming that its too late to 'name the driver' if they issue an actual real claim??

Comments

  • System
    System Posts: 178,373 Community Admin
    10,000 Posts Photogenic Name Dropper
    Legal proceedings start when the papers are received by a court.

    Practice Direction 7A (5.1)
    5.1 Proceedings are started when the court issues a claim form at the request of the claimant (see rule 7.2) but where the claim form as issued was received in the court office on a date earlier than the date on which it was issued by the court, the claim is ‘brought’ for the purposes of the Limitation Act 1980 and any other relevant statute on that earlier date.

    They may disagree but it is worth putting it in as a judge will decide.
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  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Exactly as above.
    POFA requires that the driver is named before proceedings are started.

    You must send full name and serviceable address.
  • Coupon-mad
    Coupon-mad Posts: 155,530 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They do not have to start again (plenty of PPCs will not), but IMHO ParkingEye will start again as long as the driver's name and address is emailed to:

    enforcement@parkingeye.co.uk

    confirming that the keeper was not driving and hereby transfers liability and requires PE to send the driver their own PCN to appeal.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • System
    System Posts: 178,373 Community Admin
    10,000 Posts Photogenic Name Dropper
    They do not have to start again (plenty of PPCs will not),

    Could you explain?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Coupon-mad
    Coupon-mad Posts: 155,530 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 27 August 2018 at 5:11PM
    OK fair enough, I know I have to be precise with you, IamEmanresu!

    what I should have said was:

    - they should start again

    - but no-one makes them, so in that way they do not ''have to'' because they can get away with it...

    - most do not, but luckily ParkingEye will (their one redeeming feature).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • System
    System Posts: 178,373 Community Admin
    10,000 Posts Photogenic Name Dropper
    what I should have said was:

    - they should start again

    - but no-one makes them, so in that way they do not ''have to'' because they can get away with it...

    - most do not, but luckily ParkingEye will (their one redeeming feature).

    No I was confused as I thought I understood the legislation. I now see we are on the same page.

    I'll change my approach to highlight the issue you're pointing out.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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