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Not the driver....
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Computersaysno
Posts: 1,243 Forumite
Friend's car got a Euro Car Park ticket ...for staying too long in a garage. He is RK but was not the driver.
Didn't tell me or do anything...
So got passed to ECPs debt chaser....Debt recovery Plus [DRP]
No court papers issued or owt like that...just the usual chasing begging letters.
Only then does he 'start to panic' and gets me involved..... and after a few emails/calls ...
ECP refuse to allow an appeal [as 'it has been passed to a DCA']. DRP refuse to accept that the RK can name the driver, and refuse to pass it back to ECP for an appeal.
Surely until court papers are actually issued the RK is free to name the driver??
Didn't tell me or do anything...
So got passed to ECPs debt chaser....Debt recovery Plus [DRP]
No court papers issued or owt like that...just the usual chasing begging letters.
Only then does he 'start to panic' and gets me involved..... and after a few emails/calls ...
ECP refuse to allow an appeal [as 'it has been passed to a DCA']. DRP refuse to accept that the RK can name the driver, and refuse to pass it back to ECP for an appeal.
Surely until court papers are actually issued the RK is free to name the driver??
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Comments
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Of course they are.Computersaysno said:Surely until court papers are actually issued the RK is free to name the driver??
The keeper is free to name the driver anytime they like.2 -
So get him to email (STOP PHONING!) Debt Recovery Plus and ECP and set out the name and address of the driver in writing. They cannot refuse to transfer liability.
He can use their (published on their 'privacy' webpage) DPO email addresses because this is effectively data rectification by naming the driver to transfer liability before court action.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD1 -
Both DRP and ECP are fine upstanding members of the BPA and should be well aware of the legal advice the BPA used part of their membership fees to fund to bottom this out. It might not suit them, but too bad, they should not be arguing against it (or ignoring it)!KeithP said:
Of course they are.Computersaysno said:Surely until court papers are actually issued the RK is free to name the driver??
The keeper is free to name the driver anytime they like.
https://portfolio.cpl.co.uk/Parking-News/395/26/
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 Street4
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