PCN, driver not registered keeper DCBL

Nosy

Yes I guess your right, that would just cause more problems. The driver is trying to find away around it without lying to reduce the amount or have it cancelled as the driver genuinely forgot on those 3 occasions and has always paid previously, the driver can't afford paying £420 on parking notices. Any suggestions would help, appreciate all your comments.

Redx

First task is the keeper should protect themselves in law by naming the driver for every PCN

If they don't, a court case is likely and if they lose the charge will be substantial

Once a Driver has the paperwork in their own name , they can deal with it

Being able to pay or not is irrelevant

There is no magic bullet , so stop looking for one , face up to the responsibilities

Nosy

now that it's gone to Debt collection stage would the registered keeper get in to any bother for not give driver details earlier, as both driver and registered keeper live in the same address.

Redx

No, it is not mandatory and he can either name the driver before any court cases are issued , he has no legal obligation to name the driver for private parking tickets , or take the rap himself but if it was for speeding or leaving an accident etc he would be in trouble for not naming the driver

So the driver needs to be aware about how their actions can drop the keeper in it , depending on what it is about

Nosy

In a number of threads online I have noticed alot of people ignoring these notices and nothing coming back, I have also had this advice from someone I know, however this is a risk as in this situation PPL may decide to take things to court. But to date they have not provided any evidence or images or methods of accessing evidence. Should the registered keeper request evidence and wait to see evidence before giveing the driver details and would the registered keeper know when it's going to court because the registered keeper has now received two letters from DCBL one stating legal action recovery. Is there a final notice given?

BrownTrout

Nosy wrote: »

In a number of threads online I have noticed alot of people ignoring these notices and nothing coming back, I have also had this advice from someone I know, however this is a risk as in this situation PPL may decide to take things to court. But to date they have not provided any evidence or images or methods of accessing evidence. Should the registered keeper request evidence and wait to see evidence before giveing the driver details and would the registered keeper know when it's going to court because the registered keeper has now received two letters from DCBL one stating legal action recovery. Is there a final notice given?

Tell the person you know to stop giving god awful advice.....................

Redx

An LoC should come giving 30 days notice and including financial forms as well

Your friend is a fool , ignoring them only works once 6 years have passed , meaning prior to summer 2013

Nosy

Thanks, I have been looking through the documents and it seems like for the registered keeper it is too late to make any appeals, will this be the same for the driver?

PPL have included a short form in there NTK to provide other driver details. There is a 21day limit for any appeal from notice date. Currently there are 2 notices from June and one in August. An appeal is being made for the one in August but seems like the time has past for the earlier two.

Also they would only allow someone to appeal to the IPC if their rules are followed by providing accurate Information of the driver.

Umkomaas

If the driver is identified then the PPC should issue new notices requesting payment from the driver and giving the option to appeal. But this is the Wild West and there's no guarantee how they will deal with it. It is a wholly unregulated system with rules made up to suit any occasion.

The only way to find out is to decide what to do, the see what happens when you action it.

You seem to be looking for an easy way out of this. I'm sorry, but it doesn't exist. You either pay it (we rarely suggest that), fight it (lots of work), or ignore everything, hoping it goes away (but it very rarely does nowadays), and only start dealing with it if court proceedings are instigated - do not ignore court proceedings; they have 6 years to instigate. These options are available equally for the keeper or the driver.

Nosy

RK received a letter before claim from DCBL. 
 RK sent email below to acknowledge letter before claim. 

"I acknowledge the letter you sent on 10th October October 2020.

I responded back to your client last year in October 2019 and i made it clear to your client that i was not the driver and cannot be held responsible.

In addition your client has failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. 

Your client have aslo failed to state the period of parking as required by 9 (2) (a) of the same act, as well as failed to state that the creditor does not know both the name and a current address for service for the driver as required by (8) (2)(a/e) of the same act and also failed to comply with POFA in that the documentation not being issued within 56days of the event.

There was no legal requirement to name the driver at the time. I made it clear to your client that any further communication with me on this matter, apart from confirmation of no further action and my details being removed from their records, will be considered vexatious and harassment. This included communication from Debt Collection companies. “