UPDATE: Moving house - Europcar admin fee & awaiting NtH from Premier Parking Solutions HELP

OnTheRoadAgain2000

Redx said:

They may write that but cannot state it as fact because they have no idea who was driving , they were not present when the incident occurred , the driver was present , may have been alone and there may be zero witnesses

Thanks Redx. That little nugget had not been lost on me either.

twhitehousescat

tell hire co to sue you for ,,,,,,,,,,,,,,,,,,, hang on sue you for failing to do there job correctly 

Umkomaas

OnTheRoadAgain2000 said:

Umkomaas said:

I have to tell you that as PPS are IPC AOS operators, the prospect of any appeal being upheld is very, very unlikely, whether by PPS themselves or the IAS second stage appeal. Your hopes of having the admin fee returned will have to lie with a Judge at any future court case. PPS have 6 years to bring a case to a court hearing, which they may never do, and if the latter, that does, I'm afraid, leave you in limbo. 

I understand that with the IPC process. But what I'm confused about is if they don't get in touch for well over the 21 days they have after receiving correct info from Europcar, does that not mean if they did choose to go to court, however, unlikely, it would go against them?

Quite possibly, but you'd need to be able to articulate that and argue it with the Judge. The Judge might just simply ask you, as you would be using the PPC PoFA failure as your defence,, "Were you or were you not the driver on the day?"  

What are you going to say?

OnTheRoadAgain2000

Umkomaas said:

OnTheRoadAgain2000 said:

Umkomaas said:

I have to tell you that as PPS are IPC AOS operators, the prospect of any appeal being upheld is very, very unlikely, whether by PPS themselves or the IAS second stage appeal. Your hopes of having the admin fee returned will have to lie with a Judge at any future court case. PPS have 6 years to bring a case to a court hearing, which they may never do, and if the latter, that does, I'm afraid, leave you in limbo. 

I understand that with the IPC process. But what I'm confused about is if they don't get in touch for well over the 21 days they have after receiving correct info from Europcar, does that not mean if they did choose to go to court, however, unlikely, it would go against them?

Quite possibly, but you'd need to be able to articulate that and argue it with the Judge. The Judge might just simply ask you, as you would be using the PPC PoFA failure as your defence,, "Were you or were you not the driver on the day?"  

What are you going to say?

Okay. Understood. So, if, or when, a NtH arrives my best course of action is to simply follow the newbie thread. Complain loudly to the landowner and then go down the list from there. I should just forget about this timescale business given there is no way I can argue properly for it. Anyway, there is no way the PPS would go to court over this case anyway.

Umkomaas

Anyway, there is no way the PPS would go to court over this case anyway.

Really?  Is that based on evidence or wishful thinking?  PPS are not strangers to litigation having instigated 114 court cases last year. 

They have 6 years to commence proceedings. 

Redx

PPS have 6 years to issue a court claim , never say never

If they did , they would pursue it on the basis that the hirer and driver are one and the same person

They or the judge could ask you in Court , as Umkomaas says ,  balance of probabilities

They could issue this NTH invoice whenever they like , for the reasons given above

The timescales are irrelevant if they can prove the hirer was the driver

OnTheRoadAgain2000

Umkomaas said:

Anyway, there is no way the PPS would go to court over this case anyway.

Really?  Is that based on evidence or wishful thinking?  PPS are not strangers to litigation having instigated 114 court cases last year. 

They have 6 years to commence proceedings. 

Redx said:

PPS have 6 years to issue a court claim , never say never

If they did , they would pursue it on the basis that the hirer and driver are one and the same person

They or the judge could ask you in Court , as Umkomaas says ,  balance of probabilities

They could issue this NTH invoice whenever they like , for the reasons given above

The timescales are irrelevant if they can prove the hirer was the driver

Okay. Well now it sounds like I should pay up as soon as any NtH arrives.
I have been reading that it costs them a certain amount of money to go to court, which is little more than they would receive if they won. The tactics of threatening to go to court are in the hope of intimidating people to paying?
And if they do eventually send a NtH, they never do it correctly, therefore making their case hard to win.
But now it sounds like all they have to do is take me to court and the judge asks me if I was the driver and then case closed.
It was my understanding that if anything arrive I should just follow the Newbie thread and the majority of the time that works out. Is that wrong?
I'm now more confused then when I started this thread.

twhitehousescat

if it gets to court , you provide enough info to prove they are non POFa , and cannot follow uk when it conmes to paperwork , 6 yrs is a long time , i cannot remember who was driving my car 4 weeks ago , nevermind 4 -6 yrs ago 

after stating all facts , why would the judge ask that question 

Redx

The point is that they must take the correct person to court , for the correct reason , prove their case to the court such that a judge is more certain than not with everything and everyone involved

If they can show it's likely that the keeper hirer was the driver and the driver breached the terms of the parking contract , the judgment is against the driver and the defendant owes the figure decided by the judge

Following the newbies thread is to clarify the options , not to get everyone off a parking charge !!

If the claimant fails the law and the rules , then complaining that the driver did ithe same is pan calling the kettle black

It may be harder to prove who was the Driver , but the driver may still be liable if proven , they usually are

POFA assists a driver where the claimant fails to comply with the law , it's not a law designed to protect people who flout parking contracts , even though it happens

Coupon-mad

Well now it sounds like I should pay up as soon as any NtH arrives.

Eh?  How do people make this leap?

OF COURSE anyone can sue within 6 years. I could sue you, you could sue me.  This is not news.  Nothing has changed, your case is not different than any other here.

Paying this scam is the EXACT OPPOSITE of what you are being told.