Naming the Driver and Resetting the Clock

Oh_No_2

Is naming the driver to reset the clock still good practice.

It seems to have been advice on here 5/6 years ago, but can't find it more recently, and am aware both that caselaw develops and there has been new Pre Action Protocol in that time.

Long standing case that hasn't been through POPLA, being chased by debt management company. Would naming the driver now mean they have to start again, cause them more work, and give access to POPLA?

Or has something changed that makes this less advisable.

(If there is an answer to this elsewhere I apologise, please point me to it. But best explanation I could find is followed by messages saying stop relying on stuff from 2013!)

Coupon-mad

Naming the driver is only good in these situations:

(a) ONLY if it was an ANPR postal PCN. NOT a windscreen PCN.

(b) ONLY if it was a BPA AOS member firm (POPLA is only possible for them)

(c) if the driver lives abroad, then yes.

(d) if the driver is a more robust person to handle the letters and defend a court claim than the keeper would be, then yes (e.g. if the keeper is elderly and vulnerable but the driver was a younger family member who is on here, and up for the fight).

But do NOT name the driver if the PCN was non POFA! Don't lose that WINNING position!

Which PPC are we talking about? Some never sue anyway...

Umkomaas

Depends if they meet the strict requirements of PoFA to hold the keeper liable. If they don't, naming the driver is plain daft.

If naming the driver, on what basis are they likely win a POPLA appeal?

Oh_No_2

Thanks for your advice both of you
Its UKPC, yes ANPR, and Coupon's (d) applies. Didn't appeal previously to POPLA as they took so long to reply I didn't think they were going to pursue. Umkomaas- I don't have a cast-iron case to POPLA so it isn't that I think its a quick win. But will take pressure off the keeper, stop the DRC letters to them.
Looks like UKPC have done the POFA stuff right.

Just to be clear is this correct - they have to issue proper pre-court warning - can't issue proceedings without, and that is the last chance at which to name driver. So I can't be caught out if I wait for that.????

Coupon-mad

I would not wait. The keeper needs to give your name and address (this can't come out of the blue from you). Why not sending an email to UKPC from the keeper, giving your name and address as driver:

appealmoreinfo@ukparkingcontrol.com

And also spend some time REALLY EXHAUSTING the 'complaint to the retailer/landowner' option which is the very easiest way to kill off a fake PCN.

Oh_No_2

Belated thanks for your advice. Driver was named, but no contact to the driver yet.

Umkomaas

Oh_No wrote: »

Belated thanks for your advice. Driver was named, but no contact to the driver yet.

Very early days. They have 6 years to pursue.

The_Deep

Read this

https://www.bing.com/search?q=ukpc+fraudsters+the+telegraph&form=EDNTHT&mkt=en-gb&httpsmsn=1&plvar=0&refig=d8845119ac964083b25296ebe232d20d&PC=ACTS&sp=5&qs=AS&pq=ukpc+&sk=PRES1LS1AS3&sc=8-5&cvid=d8845119ac964083b25296ebe232d20d&cc=GB&setlang=en-GB

You might also consider complaining to your MP as Nine times out of ten these tickets are scams.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.