Notice of Debt Recovery Letter but not driving

Leatham

Update: next steps please?
(Reminder, this 'fine' runs its course by mid November and I have been recommended to contact DCB Limited in order to stall action, with the final email to mention my surname had changed) 

So, tactic #1: I replied by email to DCB Limited on the 27th day after their final reminder notice to tell them I was having to request SAR from UKPC to ascertain who could be driving. This was 3rd May
On 4th May, their email back gave me details of both 'fines' PCN number, date and location.
and it also stated  "As the charges remained unpaid, and a named driver was not nominated, you are being pursued as the registered keeper of the vehicle."  
BUT I still received the next letter. FINAL NOTICE dated 4th May on 5th May.  Seems it was an automated letter and hadn't tied up with my email to them on 3rd May. So this doesn't seem that my email to them has bought me any time

Can you please recommend what I should do next? Do I have another 28 days to reply?

 

Redx

Probably , so keep the delaying email tennis going , because it's a long haul to November , try to string everything out , one query at a time

Leatham

What do you think I can do about their comment below?

 "As the charges remained unpaid, and a named driver was not nominated, you are being pursued as the registered keeper of the vehicle."  

Can they 'pursue me' even if I wasn't driving at the time?  If it went to court, is does this point stand up?  I may be registered keeper  but there are multiple drivers listed on the insurance policy.  Or because I have not nominated a driver, have I missed my chance?

Fruitcake

If the NTK was PoFA compliant then the scammers can pursue the keeper.

If it wasn't PoFA compliant, they will make things up and pretend they can pursue the keeper when in fact only the driver can be held liable.
If they don't know who the driver was, they can make things up by saying they believe the keeper was the driver, but that contradicts the statement above where they say they are pursuing the registered keeper.

Once you get the NTK back from your SAR you will know if it was or was not PoFA compliant.

This case will be heard on the balance of probabilities. If they say they believe you were driving and you say under a statement of truth that you weren't, the judge will have to decide. 

They have to convince a judge beyond a 50% possibility that the keeper was the driver. The more people who could have been driving the better your chances.

Basically, don't worry at this stage. Your job at the moment is to drag this until you are about fifty five days from it being statute barred before they issue a LBC. That will give you about twenty five to twenty eight days before you need to fire off a "seeking debt advice put everything on hold for thirty days" instruction to get it over the line.

Leatham

OK thanks @Fruitcake.
Bit of a confusing backstory: My daughter parked outside the retailer she was employed by as it was not safe area to park elswhere at 5am when she arrived. So she got 4 parking notices. Two for a car I was registered keeper which this thread is about. Two for a car registered to her. Her SAR has just come back so how do I check her NTK is compliant anyway? I wouldn't know what to check
TIA

Redx

The Newbies FAQ sticky thread near the top of the forum , first post , gives that advice and has done for 8 years , to assist those who receive an NTK PCN , so check all NTK PCN s against POFA , the law , POFA is not mandatory but woe betide a PPC that try to hold a keeper liable if they fail to comply with POFA

So check timescales and wording etc

Umkomaas

In 2015, UKPC possibly might not have had their NtKs PoFA compliant - can't recall that minutia that far back, but without sight of them, we can't be sure. 

So let's have a look at a redacted version of one of them (both sides, but leave all dates showing) and we can tell whether the essential wording is included, then what other points you can check on the other three. 

Fruitcake

As advised by Redx, if you are unsure whether or not the NTK was PoFA compliant, compare the wording line by line with that of the PoFA, and check the date it was issued against the date of the alleged event.
If there was a NTD left on the car then paragraph 8 of the PoFA applies, and the NTK must have arrived between on or after day 28 and by day 56.
If the first notice/letter was by post, then paragraph 9 applies, and the NTK must have arrived no later than day 14.

In both cases, the date of the alleged event is day zero.

If you are still unsure then post a redacted copy here as advised by Umkomaas, but please leave the dates showing.

Leatham

Thanks so much for offering to read the 2 NTK's
I have only included one back page given they were produced three days apart

KeithP

Why have you posted the same images on two threads?