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Not the driver....

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??  


Comments

  • KeithP
    KeithP Posts: 39,348 Forumite
    First Post Name Dropper Second Anniversary
    Surely until court papers are actually issued the RK is free to name the driver??  
    Of course they are.
    The keeper is free to name the driver anytime they like.
  • Coupon-mad
    Coupon-mad Posts: 137,664 Forumite
    First Anniversary First Post Photogenic Name Dropper
    edited 9 January 2023 at 4:00PM
    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).
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  • Umkomaas
    Umkomaas Posts: 41,956 Forumite
    Part of the Furniture Photogenic First Post Name Dropper
    KeithP said:
    Surely until court papers are actually issued the RK is free to name the driver??  
    Of course they are.
    The keeper is free to name the driver anytime they like.
    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)!

    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.

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