PCN, driver not registered keeper DCBL

Nosy

I received this reply from DCBL. 

We write further to your email dated 21st November 2020. Thank you for providing your details for data protection. We have updated your address as requested.

 

DCB Legal Ltd note that you state our Client has failed to comply with the Protection of Freedoms Act 2012 and that you state there was no legal requirement to name the driver.

 

Our Client have previously confirmed that they have adhered to the Protections of Freedoms Act 2012 when issuing the Parking Charge’s. We have attached a copy of one of the Notice to Keeper’s for reference. We would suggest seeking your own independent legal advice on the matter.

 

We also note you have stated any further correspondence pursuing you for the outstanding balance would be considered “vexatious and harassment”.

 

Please note, pursuing a legally owed debt is not harassment. You may again wish to seek independent legal advice in this regard. Our client pursuing this matter through the Small Claims Court is the correct course of action

Redx

So nothing new r interesting there , a standard fob off template reply

Nosy

this is the ntk received from that email. 

Redx

So a WW PPL postal NTK

We have had quite a few that have gone to a CCBC claim recently , so dcbl will do whatever their client WW wants , so prepare for another claim to add to your current claim from someone else

Coupon-mad

OK, so that is a POFA NTK, so the defence won't be focussing on 'no keeper liability'.  It will focus on the facts, signs, why there should be no charge (i.e. the story of what happened). That has clarified the position for me.  Dunno about you, but I think:

Therefore, NOW is the time to have that conversation with the rk to see if he is up to attend a court hearing as the Defendant, or has the time come to name the driver (you?) so that the Defendant is you? 

Who is best placed and most confident to attend a hearing, either in person or by phone?  Consider this carefully, now.  If the rk is elderly and in any way vulnerable or a bit of a panicker who might just pay hundreds of pounds to avoid court, then get them to transfer liability by giving DCBLegal the driver's name and postal address and telling them to send a new LBC to the driver, and to erase his (the rk's) data.

Nosy

Really appreciate the advice. @Coupon-mad yes i think its time to give the driver details and let the driver deal with the claims and PCN. Thank you. I will notify DCBL of the driver details. Once this is done the RK shouldn't be bothered any further right? 

Umkomaas

Nosy said:

Really appreciate the advice. @Coupon-mad yes i think its time to give the driver details and let the driver deal with the claims and PCN. Thank you. I will notify DCBL of the driver details. Once this is done the RK shouldn't be bothered any further right? 

Theoretically, but don't expect a smooth transfer. I suspect you might have to fight them on it. I'd be pleased to be be proved wrong. 

nosferatu1001

Full name and serviceable address required. 

Nosy

After providing them with the driver details they replied : 

We write further to your email received in our office on 9th December. 

The timeframe to transfer liability to a named driver has lapsed and as such, you remain liable for the parking charges as the Registered Keeper of the vehicle.

 

For the purpose of clarity, payment of the full outstanding balance of £320.00 is due by no later than 1st January 2021 to prevent legal proceedings being issued against you as per the Letter of Claim. Our payment details can be found in our previous correspondence.

 

Should your intention at this stage be to not make the requested payment in full by the specified date, legal proceedings will be issued and you will be in receipt of Court documentation that you will need to address as you see fit. Please note that the balance may increase due to further fees and costs being added as a result of legal proceedings being issued.

Redx

Read what Umkomaas wrote above

The fact is that under POFA you have named the driver , there is no time limit to do so so nothing has lapsed

Therefore if a court claim was issued then POFA and naming the driver now is useful in their Defence if a claim is made against the RK under POFA

Ps , you said that you informed DCBL , I would have informed the parking company as well , so 2 letters , not one letter