PCN, driver not registered keeper DCBL

Nosy

Hi all,

This is my first post and I would appreciate some advise/assistance on the below please Thanks.

Situation is the driver has 3 outstanding PCN 2 at debt collection stage with DCBL (from the TV show 'Can't pay take it away' ) and one still within the 14 days appeal for reduce amount stage.!

The driver parked in the usual car park but on 3 occasions was running late and forgot to call to buy a parking ticket. The car is registered to the driver's father so all the parking notices and debt collection letters are in his name. The driver has not responded back to any of the letters tickets at all.!

The driver wanted advice on possible defences.
Driver has been parking in this car park for about a year but unfortunately was running late and genuinely forgot to pay. It is a car park where only pay by phone/online is aceppted.!
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The car park is land of a broken building. There are two car parks on the same land separated by a broken wall in the middle. Both car parks use the same location code when registering car reg to buy a ticket. Signs in both car park state 'pay and display' but there is on one 'Pay and display' ticket machine which is out of order with a small sticker from Parkonomy giving instructions of how to pay on the phone/online if you don't have coins.!

The driver fears that as all the letters are in the fathers name and he has not responded back at all due to online comments Including giving the driver real name, but if this did go to court it would be the father/registered keeper going as its in his name? Could the driver give correct name before going court or could the driver turn up as he is the driver?!

The defense was going to be around the sign boards not being clear and some partially hidden. Also with the latest ticket received when the car was parked in the smaller car park where there is no 'pay and display machine' but signs saying pay and display and a little sign on The back wall which is a little covered by leaves stating 'pay by phone only' (image uploaded)!

What are your thoughts? is the driver putting the father at high risk of being in court by not owning up?!

I appreciate your comments and assistance.

NeilCr

If the driver is going to use signage as the main defence how will they respond to any questions along the lines of "the driver has been using the car park regularly and paying so knew they had to pay (as said the driver forgot) What relevance does the signage have in this instance?"

I am not saying that signage cannot be used (others better versed than me will comment) but it does seem - to the untrained eye anyway - that you will need to be prepared for that line of questioning

The_Deep

I agree with Neil.

It is not too late for your father to name you as the driver as forgetting to pay three times might be a tad difficult to explain.

If they have all their ducks aligned I would try to settle.

Umkomaas

Why not tell us which parking company is involved?

Sometimes defences are extremely difficult to magic out of thin air when the defence evidence appears so flimsy. Miracles are not always possible, but your father (yes he'll have to appear in court) is nowhere near court until such time as a court claim is raised. However, the higher the number of tickets, the more likely a court case is.

Did the first PCN not jog you into making sure you paid in future, which would have surely avoided tickets 2 and 3?

Redx

Name the parking company ??

If the keeper fails to name the driver, the keeper gets taken to court , once court papers are issued it's too late for the keeper to name the driver

Nosy

The parking Company is Premier Parking Logistics.
The driver parks in that car park in the morning for work but because of running late the driver forgot to make the calls on the way to work.

Would you guys advise the driver to respond to DCBL and Premier Parking Logistics with driver details then so the driver can put in a formal appeal.

Redx

If the keeper does not want to be taken to court then the Keeper should write to PPL and name the driver for each and every PCN

Then the driver is the one dealing with it once the letters come in their own name

Failure to do this is likely to result in court cases against the keeper

Nosy

Although the driver did forgot to park there on 3 occasions the parking Company do not know who the driver is. So the registered Keeper could argue on those 3 occasions it was the driver (son) who did not pay but usually its the registered keeper who parks there and always pays. When calling to pay for a ticket the automated system only take card details but no names. Or is this just the start to digging a hole

Nosy

Should this be written to DCBL as its at collection stage or PPL. is the driver still entitled to discounted amount as it would be the first notice to real driver.

Redx

Lying is perjury and carries a greater risk including jail time

Nobody here will help a liar because nobody likes people whose first thought is to lie

If PPL have followed the law then who was driving is irrelevant if they can hold the keeper liable because a keeper is responsible for their own vehicle

The Keeper either names the driver or takes the hit

The_Deep

nobody likes people whose first thought is to lie

£350,000 a week for the NHS!

I did not have sexual relations with that woman

He was not a friend, he was an associate