Parked without payment/Keeper liability

labellefee

Hi everyone,

I am a newbie and have so far followed the advice posted to the best of my ability by reading through the forums. Here is the background in relation to a ticket received by ANPR by EPSL.

PCN Notice to Keeper issued on: 19/08/2022
Contravention date: 25/07/2022
Contravention reason: parked without payment

I did not obtain this letter until 11/09/2022 (I was on holiday) leaving inadequate time to draft and send an appeal. Nevertheless, the driver was shopping at a supermarket which they frequently attend by foot, but chose to borrow my car on this particular day and did not see signage and so the parking was not paid for. The driver spent 14 minutes in the supermarket and purchased goods. The charge is £100. Supermarket were not interested at a local level.

Actions I have taken:

Since I missed the chance to appeal with Excel or the IAS, I have sent a letter outside of the appeal time roughly stating:
- Unable to give drivers details
- Will not be paying invoice as the registered keeper cannot be held liable
- PCN issued 25 days after alleged contravention (POFA)
- For them to cease contact as it is harrassing

Now, the original NTK does not mention POFA, there is just a paragraph about data processing and where to view their privacy policy online (which DOES mention POFA)

MY QUESTION IS I have received 6 letters to date from both EPSL and debt collectors and now wonder if there is anything else I should do, or am I simply waiting for court? Any help would be greatly appreciated as I have tried my best up til now.

Coupon-mad

You should respond in writing/email, and state as fact that you were not the driver.  You will not be naming the driver and are well aware you do not have to.

As this is a non-POFA NTK there is no cause of action against the keeper.  Authorities for this include Excel v Lamoureux and Excel v Smith (the latter being a persuasive appeal case that Excel know all about).  Cease and desist.


They won't.

But it looks better later in court if you took time out to dispute liability and tell them you were not driving. Come back if you get a court claim.

labellefee

Hi, small update. Advice much appreciated.

Since complaining to the supermarket they have contacted Excel.

Excel have now written to me offering a 'gesture of goodwill', a reduced settlement charge of £20.

Now, part of me doesn't want to pay this out of principle however it is tempting to stop all the harassment from debt companies.

Thoughts please?

TIA

Fruitcake

The keeper cannot be held liable. As a gesture of goodwill ask them to issue you with a court claim as soon as possible so the court can award you £95 pocket money when Excel lose.

Complain again to ASDA manager and CEO that you are being asked to pay a £20 surcharge for which you cannot lawfully be held liable.

If ASDA won't cancel then remind them that other supermarkets are available where you will be saving at least £20 on every food shop.

Every little helps.

Coupon-mad

labellefee said:

Hi, small update. Advice much appreciated.

Since complaining to the supermarket they have contacted Excel.

Excel have now written to me offering a 'gesture of goodwill', a reduced settlement charge of £20.

Now, part of me doesn't want to pay this out of principle however it is tempting to stop all the harassment from debt companies.

Thoughts please?

TIA

Sadly, I'd pay it.

Then get revenge.

Make sure you come back here and don't miss the upcoming Public Consultation to change the private parking law.  It is the final consultation and it's nearly there.

Explained here:
https://forums.moneysavingexpert.com/discussion/comment/79803066/#Comment_79803066

Don't disappear!

Bookmark the relevant thread linked in that reply and set email alerts.

Fruitcake

Shop elsewhere, then after a few months send copies of the receipts from the different supermarket to the CEO of ASDA and tell her/him this is how much money Excel have cost them, plus all your family members who no longer shop at ASDA as well, because her/his company obviously don't want your custom.

Grizebeck

Id pay it to

labellefee

A very late update to this thread in case anyone stumbles across it and wanted to know how it ended. (I'm back online contesting another again - this time much more prepared for it all).

I paid the reduced fine of £20 for peace and was never contacted by Excel or their debt collectors again.

nopcns

I'd never give a scammer a penny. Fight it all the way, especially if they can't hold you liable as the keeper.

arkleisthegreatest

Hello,
First time poster.
Can anybody clarify the window within which Keeper Liability can be transferred to the Driver?

I have appealed a private parking charge notice from VARS Technology as the Registered Keeper. I did not inform the driver at the time as I did not want to stress them out.
Appeals were rejected by both VARS and POPLA. However, during this time the driver became aware of the notice and had a medical reason for the overstay. I therefore contacted VARS and wished to transfer liability to the driver so that the driver could contest the charge.
VARS refused to accept the transfer and have now passed on the charge to debt collectors.

I believe the Keeper is entitled to transfer liability anytime before a County Court claim has been issued.
Am I correct? Any help/guidance will be greatly appreciated.

Coupon-mad

Just ignore VARS completely. Nothing will happen but tell them if you move house within 6 years. That is all.

Come back if they ever try a small claim.

To answer your question: a keeper can transfer liability at any time before a court claim but DO NOT do it, unless...

...Unless the driver is more robust than the driver at ignoring silly red font £170 debt demands (think hard about it?) DON'T throw the driver under the bus because there's no appeal open to either of you. The keeper is always in a stronger legal position.