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Is it too late to name the driver?

I was driving my husbands car so the NTK arrived on his name. Following the newbie thread, he appealed as the keeper. I’m currently on LBC stage, have requested SAR and told Gladstone I’m waiting for SAR, as per the newbies thread.

However is it too late to write to PPC to let them know who was the driver? Will that reset the clock and I’ll receive another letter giving me the chance to pay £60, appeal etc? Found this opportunity of naming the driver on this post: [forum blocked url but post is called Parking - Letter Before County Court Claim (LBCCC) - Fight back! Guidance Thread]
then someone said this post is outdated but didn’t explain which parts are outdated.


During my appeal I couldn’t provide important evidence because it would contain my name and wonder if the appeal would be different if I could show to them I have good evidence of what I’m saying. Additionally, it’ll buy me more time!

Please advise, many thanks
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Comments

  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    It's not to late but you may be throwing yourself under a bus. If the notices aren't POFA compliant then only the driver is liable. If they don't know who that is then good luck.

    You talk about the ticket reverting back to £60. That's not going to happen it's £100 minimum now.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    That LazyDaisy thread you have found was fine at the time it was written, but that was in 2013. It is now outdated. Best not to refer to that thread anymore.
  • IIRC you can "name the driver" at any stage up until court papers are issued...although see above wrt POFA compliance before naming anyone.
  • Umkomaas
    Umkomaas Posts: 43,687 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please tell us:

    Name of PPC
    Windscreen Ticket or ANPR Camera capture
    Date of parking event
    Date of Issue shown on the very first letter received from the PPC.

    I don't think naming the driver will see the PPC offer any reduced rate, they'll likely want the full amount. But nothing's guaranteed or predictable in this game.

    What exactly are the reasons for 'naming the driver', there's no stigma attaching to the keeper in dealing with this, nor is there likely to be any more or less of a cost. You mention 'gaining more time' - for what objective?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Why not try and cancel the ticket altogether?

    I managed to overturn a fine that a parking company send my wife by saying the driver drove into the carpark a couple of times that day and on the first time they were right behind a large van (with no numberplates) so the cameras didnt pick up them leaving the carpark the first time. That was on their own appeals process. Didnt even get to the POPLA appeal.
  • Fruitcake
    Fruitcake Posts: 59,472 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    foxy-stoat wrote: »
    Why not try and cancel the ticket altogether?

    I managed to overturn a fine that a parking company send my wife by saying the driver drove into the carpark a couple of times that day and on the first time they were right behind a large van (with no numberplates) so the cameras didnt pick up them leaving the carpark the first time. That was on their own appeals process. Didnt even get to the POPLA appeal.

    Nobody got a fine.

    The scammers have six years to start a court claim so unless your case was longer ago than that you still may face a court claim.
    When the new mandatory parking CoP is introduced, I expect we will see the scammers picking up cases from longer and longer ago up to and possibly exceeding six years.

    Even if there was a large van without number plates and double dipping occurred in the OP's case, they would need to prove it in court.
    Nobody here would suggest the OP lies in order to get out of this either.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    These are not fines, they are private invoices for the damage the PPC alleges they suffered when, allegedly, you breached a contract they allege you had agreed with them, we call them scams. They only need to be paid if a judge so directs,

    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
    You never know how far you can go until you go too far.
  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Fruitcake wrote: »
    Nobody got a fine.

    The scammers have six years to start a court claim so unless your case was longer ago than that you still may face a court claim.

    Even if there was a large van without number plates and double dipping occurred in the OP's case, they would need to prove it in court.
    Nobody here would suggest the OP lies in order to get out of this either.

    Ok, charge, but the amount of the charge would constitute it being called a penalty or fine - just semantics.

    I do not need to prove anything as the PCN has been cancelled and I wasn't trying to get the OP to lie either, just get the ticket cancelled by the well trodden routes rather than concentrating about naming drivers or not.

    I see you are only trying to help the OP so crack on.
  • Umkomaas
    Umkomaas Posts: 43,687 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    foxy-stoat wrote: »
    just get the ticket cancelled by the well trodden routes rather than concentrating about naming drivers or not.
    If this is a duplicate thread, and the OP is up against HX Parking, then there seems to be only one 'well trodden route' - via a county court claim and defence.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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