Letter before claim Gladstone

Bickster

Also should I admit to being the driver. Plus my son no longer living at this address?

Le_Kirk

Bickster wrote: »

Also should I admit to being the driver. Plus my son no longer living at this address?

Keepers have more protection in law, so do not inform the PPC who was driving. Is the letter addressed to you or your son and is it addressed to the driver of the keeper? If your son no longer lives at that address, has he informed DVLA of his new address for his driving licence AND V5C?

Bickster

Hi the letter is addressed to my son who is the keeper. I'm checking with him to make sure he has informed of change of address. Should he therefore write to Gladstone and say he was not the driver but his dad was?

The_Deep

Have you read this?

https://www.equalityhumanrights.com/en/equality-act/protected-characteristics

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Bickster

Thanks but we still need to reply to Gladstone right?

Le_Kirk

Bickster wrote: »

Hi the letter is addressed to my son who is the keeper. I'm checking with him to make sure he has informed of change of address. Should he therefore write to Gladstone and say he was not the driver but his dad was?

Therefore it is for your son to deal with it, as I wrote in post # 2, even though you can help him. He can write back and name you as driver and you will receive a PCN in your own name UNLESS you think a defence written by him as keeper and not as driver will work.

Bickster

Thanks I will get him to do letter but not sure which is best course of action. Will also write to my MP. Perhaps mention somewhere about discriminating against disabled driver!

Umkomaas

Bickster wrote: »

Thanks I will respond to Gladstone by letter but not complete forms. I do have proof I paid. Parking incident was 29/8/18. Date of issue of first letter was 2/10/18 and it states pursuing driver under PFA 2012 and recover from keeper anything remaining.
I did complain at the time to the VC but no joy as they said nothing to do with them.
I have photos showing bay - some reserved and some not - we were not in a reserved bay.
They maintain it was permit holders only. We even parked under a have you paid and displayed sign but it never stated this.

If this was a windscreen ticket, then those dates comply with PoFA requirements for Keeper Liability. But it's not just compliant dates that are required. Check everything out pedantically against the Act. 'Near enough' is not good enough! Here are a couple of links to help.

https://www.parkingcowboys.co.uk/keeper-liability/

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

If the Notice to Keeper is fully compliant, then there's no protection for the keeper, and provided the driver is content, then the keeper could name the driver. But there is a time pressure on this insofar as the transfer of liability must be done before the commencement of any court proceedings - it's not at that stage yet, but if a formal court claim is received, it's then too late.

Whomever the proceedings are served against must attend court, unless you want the case 'heard on the papers', but that is far from recommended - we've only seen losses, with some nasty costs added, emanating.