PCM rejected my appeal and said this...

Coupon-mad

unknown827 said:

Understood, sorry for the confusion from my side. Just one question, the NEWBIES FAQ only revolves around no driver liability and not saying who the keeper was during time of enforcement. If it goes to court and you tell the judge truthfully that you was the driver when they ask etc etc, wouldn’t you lose the case? 

No, it doesn't.  The first post has a purpose of providing a generic template appeal that protects everyone and doesn't say who was driving.

But if you read post #2 of the NEWBIES thread, about how to win in court, the defence is NOT all about that.

unknown827

I see, it now all makes sense. However, referring to the letter attached, PCM have said it’s my right to mention who the driver was or else they wouldn’t take my appeal in consideration. What should I do? should I reply with another letter or just wait for them to take my to court?

Coupon-mad

No, show them that you are the registered keeper.  Attach your V5C and tell them you are the keeper and they must allow you to appeal because that was a requirement of the Government when the POFA 2012 was enacted, that keepers could appeal and there was no obligation to name the driver and nor can an appeal be conditional upon knowing who was driving.

unknown827

that’s actually clever I can use that on my personal car, thank you. But in this case, I was using my mums motability car for shopping and I was the keeper at that time but I’m not the registered keeper of it. Do you suggest just writing to them what you’ve said and talk about their signage without attaching the V5c etc ?

Redx

Yes , do so but no V5C attachment

Your problem is that you are not the RK so are Keeper only , they appear to be writing to you and not to the RK

Le_Kirk

unknown827 said:

that’s actually clever I can use that on my personal car, thank you. But in this case, I was using my mums motability car for shopping and I was the keeper at that time but I’m not the registered keeper of it. Do you suggest just writing to them what you’ve said and talk about their signage without attaching the V5c etc ?

Who has received the PCN?  If it is your Mum, you cannot appeal in your name.  She can appeal; you can of course help her but it must be in her name.

unknown827

The letter has been sent to my name, rather than my mums and they need evidence that I was the registered keeper. I’m in a bit of a loophole here, not sure what to do. Should I just give up

Le_Kirk

unknown827 said:

The letter has been sent to my name, rather than my mums and they need evidence that I was the registered keeper. I’m in a bit of a loophole here, not sure what to do. Should I just give up

Are we talking about your Mum's Motability car of which she is the registered keeper or is it about a different car of which YOU are the RK?  If it is your Mum's car how can you provide (and how can they expect you to provide) evidence that you are the RK of a car of which you are not RK.

unknown827

We are talking about my mums motability car. I used it to get some shopping for her as I’m allowed to drive it as her carer or (2nd driver) and I was the driver at time of enforcement, not her. However, on the appeals page, I believe I filled in my details when they ask you for your name, address etc but on my appeal itself I stated “the name and postal address of the keeper is in the relevant box on your appeals page” to let them know the driver is not identified. In return, PCM have sent me the letter, which I have attached here and that contains my name, rather than my mums and I’m not the RK of the car. Furthermore, I have also spoke about their unclear signs and they have gotten 1 digit of the number plate wrong. Just asking whether I still have a leg to stand on here 

unknown827

And.. also within the letter that PCM have sent in return, it states “if, indeed, you are the RK, we will be happy to process your representation after DVLA details have been sought and notice to keeper has been issued”