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Parking Eye PCN
Comments
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You were very clear about your situation , except the fact that your situation is currently irrelevant !!
It is the situation that the keeper is in that concerned me , not yours !!
The problem here is that because you were the driver and caused it , you got tunnel vision about it being about you , you made it all me , me , me , when it's currently not me at all , it's about him , only him !!
It needed a detached view which I took the time out to dissect all the facts , ignore your situation for the time being and think about the RK and their situation , which is dire !!
Until it's in your name , it's nothing to do with you !! That is the important message here
Once I realised that PE had complied with POFA and the incident was an overstay I thought of one word , Beavis , then realised that your partner is no Beavis and wants to pay it !!
You wish to fight , but cannot until it's in your name , so pick your battles wisely , because you are letting the red mist cloud your judgment
And it's not a fine , it's an invoice , nothing more , it won't dare mention the legal word fine anywhere , it is not allowed !! The BPA CoP bans the words fine & penalty1 -
I'll try to un-appeal (if that can be considered a word) & name myself as the driver.I'm not sure whether you're still not getting this. You cannot name yourself as the driver. Naming the driver can only be undertaken by the keeper - the person in whose name the original parking charge was issued. Once he has done this, he is legally out of the picture and PE should then pursue you. However, as I said in my previous post, it may take a bit of work to sort out the switch.But please don't you get involved until such time as the PE documentation has your name on it.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 Street1 -
This is what really worries me , that the OP keeps doing the me me bit , doesn't seem to realise that all , repeat all , actions have to be by the RK , it has nothing to do with her at this time !! Get yourself named as keeper by Mr Partner , then come back when you have an NTD in your own name !!
I think her admitted ADHD is giving her tunnel vision , so I really wish she had a level headed helper who could understand the nuances here , or better still , Mr Partner himself !
I feel like I am banging my head against a brick wall here !!1 -
Ideally the Registered Keeper does not name the driver. However you have stated that the Registered Keeper would 'rather just pay it'. So therefore it may be better to name the driver so that the driver can legitimately fight this on their own, including going to court if it comes to that. I assume that if the RK is so reluctant to fight there's no way they'd handle a possible court appearance in a positive frame of mind.
So ... you either do the POPLA appeal on behalf of the RK, in the name of the RK, with their agreement OR the RK notifies P.E. that you were the driver and gives them your name and address. You will then do the POPLA appeal in your own name.
Anyways, when is the POPLA appeal deadline? Seems to me that you have not exhausted Plan A (the landowner complaint). And that needs to be done before POPLA. The premises may be reluctant to cancel the PCN but then they usually are! They may need a more assertive complaint. If there is any time at all to further pursue the landowner complaint then do so.
Personally I'd love to see a Ladybird book about fighting the PPCs - everything in big letters with pictures but sadly it just ain't that simple! There are some principles that apply about 80 - 90% of the time - such as not naming the driver - but there are always 'ifs' and 'buts'. Don't waste any more time banging on about how confusing it is, just get it nice and clear in your own mind.
Oh, and looking back at the post about the landowner complaint, I reckon you did give up too easily and were royally fobbed off the first two times you complained.
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