bank park management parking charge

sai1601

Redx said:

Facts

You are neither keeper or driver , just a respondent

Bank are not claiming £160 , Bank are probably claiming the figure on the signage , typically £100

The debt collectors typically add on £60 or £70 as a finder's fee , no win , no fee

The NTK was an invoice , in this case from business to business , which I am sure you see a lot of !

Updating the V5C is a legal responsibility between the business and the DVLA , Bank followed the correct procedures by accessing the DVLA database and obtaining and paying for keeper details , sending the NTK to that address , same as the police or council might do for speeding or bus lane incidents etc

Yes I totally understand all of that just don’t know how to now proceed. Hopefully someone can shed some light.  Thanks as always for replying 😊 

sai1601

Hi all I hope you are well. I have an update. 

I emailed dcbl 2 weeks ago stating I was not the driver and gave them the details of the driver. As mentioned I also told them should they continue to proceed with the wrong party I would counterclaim. 

They have responded asking me for my personal details. Should I respond to this email.? 

D_P_Dance

That seems reasonable to me.

Jenni_D

If you responded to them on behalf of your company (to name the driver) then they're seeking confirmation that you're in a position of authority to make such a response (on behalf of your company). Seems reasonable.

Coupon-mad

Yes that’s fine and I am glad you gave the name and address of the driver as that removes the right to pursue the company (and the company are the ‘keeper’ or hirer as named by the lease firm, so we’re otherwise liable until the point of giving the name and postal address of the driver, before court action began.

It will be interesting to see if they now continue against the company keeper in which case there is a strong defence that they, as an entity, transferred liability. 

Is your husband up for defending this extortionate PCN if they revert to him now? Hope so. No-one pays these, especially not with £60 added in false ‘costs’. 

sai1601

Coupon-mad said:

Yes that’s fine and I am glad you gave the name and address of the driver as that removes the right to pursue the company (and the company are the ‘keeper’ or hirer as named by the lease firm, so we’re otherwise liable until the point of giving the name and postal address of the driver, before court action began.

It will be interesting to see if they now continue against the company keeper in which case there is a strong defence that they, as an entity, transferred liability. 

Is your husband up for defending this extortionate PCN if they revert to him now? Hope so. No-one pays these, especially not with £60 added in false ‘costs’. 

Yes i think he will be. I’m hoping they will send the initial PCN of £60 without the extra charges on so we can defend that.! 

I will keep you all posted to see if they drop the charges against my company!. 

sai1601

Hi all just an update after me sending the details of my husband over I got this reply from dcbl. 

It doesn’t look like they will just issue the £60 pcn it seems they are going to transfer the £160 to the named driver 🤨.

Coupon-mad

OK, he can then insist on a PCN in his name and the right to appeal.

Anyway, even if it goes quiet for a few weeks after they first write to him and he replies, please stick around here this Summer as this is important whether you are in England, Wales or Scotland:

Do come back regularly in August (please) to take part in the Government Consultation about the level of private parking charges and the proposed Appeals 'Charter' that should result in cancelled PCNs but at the moment, fails to do that and just incentivises PPCs to issue PCNs anyway, briefly offer twenty quid then rack it back up and pile on the pressure. 

The Appeals Charter is absolutely not acceptable in its current format which is effectively:

 'let us have £20 anyway even though the ticket was spurious, and if you don't pay up within xx days then we'll hike it back to full price, and add imaginary 'recovery costs' that we've never actually incurred, let alone paid... then we'll drag you to court months/years later, or get you a CCJ by default for a PCN the Government might think we've kind of cancelled.'

I believe the MHCLG will be asking about that, as well as the level of parking charges.  I read it in an article somewhere over the weekend so I hope the Appeals Charter will be one of the questions for the public.  

The MHCLG have listened so far - look what we've achieved already:

https://forums.moneysavingexpert.com/discussion/6252788/victory-for-motorists-mhclg-caps-parking-charges-at-50-80-in-london-with-mandatory-50-discount/p1

Come and join in the final push for fairness and to end the stranglehold that this greedy industry has had over motorists.  Come back and see when we post about the Public Consultation once it opens.  Be all over it!   

Two responses at least - you AND your husband, separately responding.

sai1601

Coupon-mad said:

OK, he can then insist on a PCN in his name and the right to appeal.

Anyway, even if it goes quiet for a few weeks after they first write to him and he replies, please stick around here this Summer as this is important whether you are in England, Wales or Scotland:

Do come back regularly in August (please) to take part in the Government Consultation about the level of private parking charges and the proposed Appeals 'Charter' that should result in cancelled PCNs but at the moment, fails to do that and just incentivises PPCs to issue PCNs anyway, briefly offer twenty quid then rack it back up and pile on the pressure. 

The Appeals Charter is absolutely not acceptable in its current format which is effectively:

 'let us have £20 anyway even though the ticket was spurious, and if you don't pay up within xx days then we'll hike it back to full price, and add imaginary 'recovery costs' that we've never actually incurred, let alone paid... then we'll drag you to court months/years later, or get you a CCJ by default for a PCN the Government might think we've kind of cancelled.'

I believe the MHCLG will be asking about that, as well as the level of parking charges.  I read it in an article somewhere over the weekend so I hope the Appeals Charter will be one of the questions for the public.  

The MHCLG have listened so far - look what we've achieved already:

https://forums.moneysavingexpert.com/discussion/6252788/victory-for-motorists-mhclg-caps-parking-charges-at-50-80-in-london-with-mandatory-50-discount/p1

Come and join in the final push for fairness and to end the stranglehold that this greedy industry has had over motorists.  Come back and see when we post about the Public Consultation once it opens.  Be all over it!   

Two responses at least - you AND your husband, separately responding.

Yes of course I will.!!! Anything to help against these greedy , ludacris companies..!! 

I’ll also keep all updated with what happens next x 

KeithP

sai1601 said:
I’ll also keep all updated with what happens next x 

That's good to see.