Notice to Keeper sent to wrong person (hire car)

kellenny

Following advice on here, I wrote to the private parking company when we received a parking ticket because we were in a hire car at the time. The parking company have now sent me a Notice to Keeper - they obviously have not applied to DVLA to find out the correct keeper. The deadline to issue a valid notice has not yet expired. Another complicating factor is we have recently changed address. Do I ignore the notice to keeper, or wait until the deadline has passed for a correct one to be issued, and then write to the parking company simply to inform them of the change of address in case they try to issue proceedings later on?

DoaM

What exactly have they stated? What exactly did you say when you wrote to them?

If you played it right then you should have been issued a Notice to Hirer, which they'll almost certainly have got wrong ... if you played it wrong (and identified yourself as the driver) then they've sent you a Notice to Driver, which makes things a little more difficult for you.

sandidog

It’s definitely a notice to keeper. I pointed out to them that they could rely on POFA because the car park is not “relevant land”. In response to this they said they are aware and could rely on “balance of probabilities” instead. But have now issue a Notice to Keeper but sent it to the wrong keeper! So I’m thinking of just ignoring for now...

sandidog

*couldn’t rely on POFA

Coupon-mad

Depends who they are.

If it's a BPA firm than obviously do not ignore, and kill it off at POPLA.

sandidog

It’s an IPC firm. Ignore? But inform if change of address?

KeithP

sandidog, how do you fit in this?

sandidog

I have 2 usernames and used a different browser! Confusing sorry

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed in the house as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an
M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

sandidog

So should I just ignore? Do you advise not to appeal to IPC? I initially appealed to the parking company and they refused to consider it because they do not know who the driver was and I did not tell them. Do I appeal now I have a Notice to Keeper (even though it’s invalid?), either to the parking company or the IPC? Or just ignore? Either way I know they can’t rely on POFA to claim keeper liability. What are the chances of them pursing this “on the balance of probabilities”?

Coupon-mad

Do you advise not to appeal to IPC?

You will know we do not, when you read the 3rd post of the NEWBIES thread.

It’s an IPC firm. Ignore? But inform if change of address?

Yes.

. What are the chances of them pursing this “on the balance of probabilities”?

Again, I direct you to the NEWBIES thread where the PADI data link is...shows you!