STEPS AFTER SAR EVIDENCE

illusions52

Hi all,

Driver has accumulated 10 tickets across the course of two years from place of work.

Driver has received letter of claim and as the newbies thread instructed requested a SAR from First Parking and sent an email to notify DCB Legal.

DCB Legal replied to the driver with all evidence, photos etc and stated that the driver has until 02/11/2020 (30 days from their email) to pay a fine of £1400.

The chances of this now progressing to court seem very likely. Should the driver pay the £1400 if they are unable to put together a defence?

Umkomaas

Are they pursuing 'the driver' or 'the registered keeper'?  Do they know who the driver is?  Do all of the 10 Notices to Keeper comply with the Protection of Freedoms Act 2012 (Schedule 4) to enable the PPC to hold the registered keeper liable? 

How is that £1,400 made up?

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

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, and an independent appeals service will be set up,

nosferatu1001

Place of work - so was the driver not authorised to park there? What were teh arrangements?
Howmany threads hav you read where "pay" was the suggestion given TO a poster?

Coupon-mad

Should the driver pay the £1400 if they are unable to put together a defence?

If they have more money than sense and can't copy and adapt the TEMPLATE DEFENCE, then maybe some idiots would...

You do realise that 10 PCNs is not £1400!  They would never lose to that amount, and almost no-one here loses.

illusions52

Thank you for your responses.

@Umkomaas the letter reads as follows “It is our Client’s position that you are liable as the Keeper or Driver”. All notices do appear to comply with the Protection of Freedoms Act 2012.

@D_P_Dance the area that this took place is well outside of my MP’s jurisdiction, I don’t imagine the MP of the area would follow up my request since I’m not a member of their constituency.

@nosferatu1001 Driver is authorised to park on the premises, each member of staff that parks there is required to pay a charge per day. I haven’t read any posts that that suggest the poster should pay.

@Coupon-mad Very valid point! Driver will put together a defence using the template. I imagine their only defence would be a reduction in cost. Trip back to the newbies thread for now hahaa!

Thanks again to all!

Umkomaas

@Umkomaas the letter reads as follows “It is our Client’s position that you are liable as the Keeper or Driver”. All notices do appear to comply with the Protection of Freedoms Act 2012

That doesn't suggest full confidence. Have you checked the wording of the NtK pedantically against the Protection of Freedoms Act 2012 (Schedule 4)?  I guess it will be a standard template being used, if so, just check one of them. Even if the wording fully complies, do the dates on each NtK?

D_P_Dance

@D_P_Dance the area that this took place is well outside of my MP’s jurisdiction, 

No it may not be in his/her bur he/she is  the person to whom you should write.  he/she is person who looks after your interests. 

 As you are fighting a claim for £1400 it would be prudent if you better  informed yourself imo.

nosferatu1001

So was the charge not paid? Why not? Or was it paid and they  didnt recognise it? 
Why was nothign done about this at the time?

illusions52

@nosferatu1001 Charge was not paid. Driver was told numerous bits of information stating that the PCN's were to scare those from outside the place of work into not parking there. Driver was also told to ignore all correspondence following a PCN. Basically, advice based on ignorance and an ignorant driver  

Redx

Well some of that is correct

The PCN,s are issued to scare off people who are not authorised to park there

The driver should get written proof , witness statements , that they were authorised to park there