PCN POPLA deadline missed.

Carhelp1

Is that better?

Carhelp1

Fruitcake wrote: »

The first thing to do once you are on a grown up pooter is to check and edit out all incriminating comments about whose PCN it was, who appealed, and who parked.

Only ever refer to The Driver and The Keeper.

The ADR regulations referred to by Half-way is, The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015.

It states that ADR must be made available to the consumer (keeper) for not less than a twelve month. Even if the scammers refuse, it will be an additional point to put to a judge if this got to court.

The keeper should also complain to their MP about this unregulated scam.

Is that all I can do for now?

Redx

Carhelp1 wrote: »

Is that better?

not quite , there is no such thing as a REGISTERED DRIVER, its Registered Keeper (RK , as is named on the V5C) - so edit it some more

if the RK does not want to be involved in this and doesnt want court papers in their name, they should inform the PPC of the drivers details , name and address for service of papers, under POFA (the law)

the driver then becomes responsible for all of it , come what may, including any court case within 6 years

Carhelp1

Thank you the RK will not name the driver and will face any penalties. However just to clarify there is nothing to be done now other than wait to see if there is a court summons?

Redx

there wont be any "summons" as this is not a criminal matter, you have made that word up for some reason that has no bearing on this case whatsoever


there wont be any "penalties" either , just an amount to pay to avoid a CCJ on your dads credit record for 6 years


this is a civil case so any court case will be done using MCOL (google it) and the papers will most likely come from the CCBC in Northampton (a government office manned by civil servants)

so whatever happens , no "summons" will arrive, its not a speeding charge or a theft charge, its a civil matter dispute over money

Carhelp1

sorry, as I said I am only young still and trying to learn however it is a lot of information to take on. I have never had anything to do with the law

Redx

we know , and when you are at school the person who knows like the teacher points out the errors being made by the student , this is no different , your homework is being marked

you are getting a crash course in this topic based on your own experiences , so must learn from your mistakes

ask your student friends who study law how long the courses are , how many years they must study, and when they get training contracts how long before they can register with the SRA, I can tell you it takes years , maybe a decade or more

the law is complicated, and you are involved in a tiny part of civil law , nothing to do with the alternative which is criminal law, the problem here is you are talking about criminal law in a civil law setting , hence being pulled up

at least you are learning

Carhelp1

So this is a civil law, I am reading lots and starting to slowly get there. To my understanding I am now waiting for ECP to further contact me. The driver is not named so it is the responsibility of the RK even if that mean court however will not affect his credit, it will only incur a charge if the case is lost. I am not yet certain if this is being taken to court yet. However I have read the newbies step by step on how to create a defence in such a situation. Its been advised against to ignore this despite many saying they will it take to court as since that mans case, a lot have been taken to court but there is still a chance of winning

Redx

Carhelp1 wrote: »

So this is a civil law,

I am reading lots and starting to slowly get there.

To my understanding I am now waiting for ECP to further contact me.

YES, its civil law

NO , they will not contact YOU at all, your name is not in the frame for this so you have not and will not received any correspondence


you need to understand that all of this is in the name of your father, so he is the one who may be contacted, he is the one who may get served with court papers , nothing to do with you at all

Carhelp1 wrote: »

The driver is not named so it is the responsibility of the RK even if that mean court however will not affect his credit, it will only incur a charge if the case is lost. I am not yet certain if this is being taken to court yet. However I have read the newbies step by step on how to create a defence in such a situation. Its been advised against to ignore this despite many saying they will it take to court as since that mans case, a lot have been taken to court but there is still a chance of winning

yes , the RK may be taken to court

if the RK loses and fails to pay the full judgment within one month his credit rating will be trashed for 6 years and a CCJ will be on file for 6 years

so if he is taken to court and loses, he must pay up in full promptly (typically about £180), to avoid the CCJ trashing his credit rating

the defences in there are for defendants, so your dad would be the defendant in any court case, you are merely a helper , nothing more , if it goes to court , he must attend or lose by default

Carhelp1

So, from here I need to find out exactly what paperwork has been sent to my dad and follow up accordingly, I am trying to help him. Would it be easier to name the driver and go through the appeals process again. Many other threads have said ECP don't regularly take people to court. For an extra 2 hours stay due to unsafe driving conditions and illness, I think £180 is madness for a £10 maximum car park.