PCN, driver not registered keeper DCBL

Umkomaas

Umkomaas said:

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. 

Sadly I've been proved right! 😞 

Nosy

Yes i will send further email to the parking company letting them know of the driver details . I have just requested a SAR now too. 

Coupon-mad

Nosy said:

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.

I assume this reply was from DCBLegal?  If so, this is your reply:



Dear Sirs,

I refer to your reply.  Cease and desist with demanding money from the party you now know is not liable in law.   

I suggest you consult SCS Law because you have failed to properly (or at all) interpret the period to transfer liability to a driver.  Helpfully, you can learn from SCS Law's legally qualified staff, who published a properly considered article for the BPA about what it means to 'begin proceedings' (transfer liability):

http://portfolio.cpl.co.uk/Parking-News/395/26/  

I will counter-claim for a sum not less then £500 for harassment and data misuse, should your clients file a claim against me now that you and they know who the driver was.

yours faithfully, 

Redx

Good reply , do the above ASAP

Nosy

Yes the reply was from DCB legal and i have sent that reply. Thank you. 

I have also made the parking company aware of the driver details for the PCN reference the letter of claim relates to. 

Do you think i should provide the driver details for the PCN which i have not received a letter of claim for? Is a letter before claim mandatory? 

nosferatu1001

Well why not give the dricver it all to deal with, if thats what you want to do? Means they deal with all of it, not you

They SHOULD send a LBA, however if they dont, there is basically no down side. 

By driver details, pleasze confirm you sent:
1) FULL NAME
2) SERVICEABLE ADDRESS

Dont shorthand when exactly what you mean by "details" is unknown

Coupon-mad

Transfer liability on both of them if the rk is not up to it.

Nosy

Yes sent driver name and address to bith DCBL and parking company. 

Parking company just replied back with the same message. 

"The option to transfer liability has expired.

Please refer to recent correspondence.

The charges will not be transferred." 

Coupon-mad

Reply to them with the words I gave you then report them to the ICO if they refuse again.

Nosy

They sent this email back.

"Our position has been outlined in our previous correspondence and is final. As also stated in our previous correspondence should your intention at this stage be to not make the payment in full by the specified date, please await the Court documentation.

Please note that we will no longer be entering into communication with you regarding the same points raised."