Times Scales when transferring Liability 12 January at 3:32PM in Parking tickets, fines & parking 13 replies 142 views

Jsalomonuk

Hi  

Just trying to understand something, A friend of mine received a letter of claim in December after telling the parking company he was not the driver 2 years ago, I was the driver and he has since passed on my information to DCBL legal to transfer liability, and I have confirmed in writing (via email) I was the driver and  requested that as a reasonable adjustment (due to having learning disabilities) everything is emailed over to me and that due to medical treatment, i am not home so cannot reply to letters at the moment. 

As this claim was at the letter of claim stage before transferring liability, can they issue me a letter of claim right away ? 

the claim is from July 2017 

It looks like they are trying to get a court claim in asap

Not sure how it works in terms of how quickly they can bring an action on the new person.

Thanks in advance

Umkomaas

They (the parking firm, not DCBL) should issue you with a fresh Notice to Driver. Your friend needs to work in tandem with you, but until transfer is effected the ball remains in his court.

Whether DCBL will issue court proceedings against you right away remains to be seen. This is a roboclaim operation (thousands of claims a week) that has little concern for any 'rules'. 

Fruitcake

The PPC has six years to commence court action from the date of the alleged event in England and Wales, five years in Scotland.

This means issuing a court claim. Issuing a letter before/of claim is part of pre-action protocol, "pre" being the operative word. A LBC/LoC is not the commencement of court action.

Before issuing a LBC/LoC to the driver they should first issue a NTD. If they haven't then they shouldn't issue a LBC nor a court claim. That doesn't mean they won't, but it means they have failed to follow the PoFA and possibly therefore failed to follow pre-action protocol.

What is the name of the PPC please? If you receive a NTD in your own name then you need to try and drag this out until July. It's possible, but not guaranteed.

What if anything have you received so far?

Plan A is always a complaint to the landwoner and your MP. how is that going so far?

Jsalomonuk

The PPC is Uk parking Control 

I have not received anything as of yet,

DCBLegal replied to my friend claiming they would write to me to make sure I am at a servicable address, and unless I replied they would not transfer liability. 

I emailed confirming DCBLegal has a record of me and my name at that address and email address from previous litigation and that I confirmed that I was the driver and the other stuff about contact and reasonable adjustments as stated in OP.

having gone to court against DCBLegal once I am prepared to go to court again if it comes to that, the advice given here was so valuable in beating them last time, 

Coupon-mad

Was the one you already won in court about the same place, details, and same Claimant? If so, you can use cause of action estoppel Henderson v Henderson to see off a 'second bite at the cherry'.

Jsalomonuk

Hi Couponmad

No this was something completely different that happened years before, 

Coupon-mad

Ok.

But if your case goes quiet for a few weeks, please don't disappear just yet.

A final Public Consultation is coming.

We need you; motorists need you to help us make a difference forever.  What a waste of your time this was, and why should there be such a litigation culture in parking?   It's truly horrible being pursued for £100 plus false 'fees' for no reason, by an ex-clamper aggressive firm, isn't it? 

You and the registered keeper are urged to join us in trying to end the conniving PPC and DRA 'added fees' fuelling the court culture.

There will be one window of opportunity - the Public Consultation is anticipated very soon.

Together, we can stop the rotten parking industry from riding roughshod over the new statutory Code and the charge level caps, and otherwise bullying all motorists forever, using the regulation to gain kudos and status.

If you are not likely to pop back here every week to check, please set up email alerts for this forum and bookmark this thread (below) as we intend that one of us posts on it when they Government opens the Consultation:

https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

Read the latest posts there.

The PPC money-grabbers have blocked the new Code by filing for Judicial Reviews.  Stopped the declared and much welcomed parking code from February 2022, which stated that added £70 false 'DRA fee' extortion was to be banned and that parking levels would start at £50.

It's on hold. Motorists urgently need it reinstated and the ban on false 'DRA fees' confirmed, to stop the rot.

This year will be your chance to make a difference, plus any other drivers you know (family, friends) who are also fed up to the back teeth with the greedy and unscrupulous parking industry and the stranglehold they have on people.

We need high numbers of real victims to make a point of responding to this final Consultation.

KeithP

Jsalomonuk said:

...i am not home so cannot reply to letters at the moment. 

Does that mean you have not provided the Claimant with a servicable address?

If so, they can refuse to transfer liability.

Fruitcake

When will you be home again to check your post? It is vitally important that you get and respond to a NTD or something requesting that you confirm you were the driver at the material time. You must however delay your replies to the last possible/practical moment without missing any deadlines.

You could send an SAR which should confirm everything they hold about you, which should include your statement that you were the driver at the time. Make sure all dates and PCN numbers correspond correctly.

Jsalomonuk

I have confirmed in writing I was the driver, I have confirmed that the address is serviceable and they have a record of it being so,  I have stated due to medical treatment I cannot reply within 14 days, but that the address is serviceable 

Currently I cannot walk so not sure the exact date i can return home,  I have requested emails as a reasonable adjustment under the equality act 

Fruitcake

You won't (shouldn't) get a NTD by email, although you may get a response to your email.

You should get 28 days to respond to the NTD, but don't do it early.