PCN pls help

Mia145

Hi please can someone help me .
( I’ve been trying to make me sense of posts on forums and just don’t know what to do ! )

Driver had a pcn from CE in July 18 for staying over 15 m at a cinema restaurant complex. The stage is at QDR solicitors with 14 days to respond ( that has lapsed now) . Have not had summons to court yet. It started off as £70 fine , then ZZPS, now at QDR stage increased amount to £210 because letters have been ignored.

I am very unsure if driver should reply to the companies above to explain or to carry on ignoring, I am worried it will get to court stage next?

The letters have been sent in the name of the drivers dads name and address as the motability car is in drivers dads name. He is reg disabled , never had a drivers license and illiterate so letters were ignored. The driver has had no letters but is the one who drives the motability car on a 3 year lease for their father.

Is there any draft someone could help me with , or general advice please? Worried ignoring is not working. Thanks in advance

fisherjim

I'm sorry I could not read that wall of text!

Half_way

1: So The Vehicle overstayed by 15 minutes in a Cinema/restaurant car park?


2: It is/was a motability vehicle, as an occupant of the vehicle had/has a protected characteristic ( disability) Correct?


3: So far all you/the registered keeper have received are threat -o - grams from the parking company, and so called debt recovery companys with varying and ever increasing amounts - correct??


4: The Registered keeper has not yet received any official court papers - correct?

Redx

as above, put some paragraphs in and we may read it and offer advice, but most members here wont bother if all they see is lots of words and no spacing, me included


use the last post #3 to see how it should appear

nosferatu1001

If they only gave 14 days to pay it is not a letter before claim, so you do not have to respond

We do not want to know who drove
EDIT YOUR POSTS so all we see is "the driver parked...."

YOU are the keeper, day to day, while motability are the Registered Keeper.

Mia145

sorry edited

Redx

ok , to start with, at this moment in time YOU are not getting any letters for this, your father is, its currently got nothing to do with YOU, because HE is the RK and he is the one registered under Motability

I assume he signed the lease for the Motability vehicle ? in which case HE is responsible in law for everything that happens, speeding , parking tickets, everything

He does have the right to name the driver, but has not done so

I appreciate his difficulties but in the eyes of the law its all down to him, UNLESS somebody else has taken over his legal rights under Power Of Attorney ? so have they ? yes or no

if NO, then he is the current fall guy for everything that happens so far

if YOU do not want HIM to be going through all this and if YOU are willing to deal with this matter, HE needs to write to the PPC and name YOU as driver , so that YOU get a pcn in your own name and YOU then deal with it IN YOUR OWN NAME

capiche ?

there wont be any "summons" because this is not a criminal matter, you made that up yourself, nobody has threatened him with a "summons"

any legal threat is that they would issue an MCOL and take him to the county court before a judge, a civil court claim in the small claims court (no summons, no magistrates court)

perhaps he should not have signed the Motability forms if he isnt literate enough to understand them ? maybe one of you should have obtained a Power Of Attorney ? the legal papers to conduct his affairs for him ?

only you can decide, but stop writing fiction and deal with the facts of this case and dont mislead us either, because at this moment in time this isnt your problem, not until you MAKE IT YOUR PROBLEM

once they start writing to YOU as keeper or as driver, its then your problem

Mia145

Okay .

Yes it’s my problem I will take responsibility it’s not right for him to go through any of this so I’ll just name myself to them and own up to it .

Thanks

nosferatu1001

Or you state you are the dayt to day keeper. the person in chagre of the keys of the key IS the day to day keeper of the vehicle.