Transferring liability from keeper to driver (private Parking company)

blatter

Good afternoon, I’m after some information regarding at which point it is too late to identify the driver after an ntk. 

For context we have appealed as keeper at POPLA and been rejected, the parking company has sent debt collectors letters to the registered keeper who is unwilling to continue at this point and does not wish to go to court.  

I read a while back that you can name the driver at any point up until court action but I cannot recall where. Can anyone give me the facts on this please?

Thanks

B789

You can reveal the driver's identity at any time. However, once a claim has been issued, whoever is named on the claim must defend, irrespective of their status as driver, RK, both or none.

You should tell the RK to get a backbone and realise that if they capitulate now, they will be a part of the scam by funding the bottom-dwellers and they will be paying the false added £60-£70. It would be cheaper for them, in the long run, to lose a court claim than to poop their pants, pay the inflated charge and get marked as a "mug" for future scamming by these parasites.

However, the vast majority of claims that we assist/advise on here are discontinued before they ever get to court and those that do get to a hearing, most are won.

Losing at POPLA has no effect on anything and is irrelevant as far as any claim goes.

blatter

Thank you, the parking company have been supplied with the drivers details but have so far continued, via the debt collector, to pursue the RK. 

B789

Which PPC and what was the PCN issued for?

Coupon-mad

blatter said:

Thank you, the parking company have been supplied with the drivers details but have so far continued, via the debt collector, to pursue the RK. 

The RK can transfer liability now.

https://forums.moneysavingexpert.com/discussion/comment/78475530#Comment_78475530

blatter

B789 said:

You should tell the RK to get a backbone and realise that if they capitulate now, they will be a part of the scam by funding the bottom-dwellers and they will be paying the false added £60-£70. It would be cheaper for them, in the long run, to lose a court claim than to poop their pants, pay the inflated charge and get marked as a "mug" for future scamming by these parasites.

Haha, I agree but the RK is my employer! 

The PPC is CP Plus and the parking charge was issued for parking in an area designated for coaches at a motorway services. 

blatter

 Coupon-mad said:

blatter said:

Thank you, the parking company have been supplied with the drivers details but have so far continued, via the debt collector, to pursue the RK. 

The RK can transfer liability now.

https://forums.moneysavingexpert.com/discussion/comment/78475530#Comment_78475530

Thank you, that’s very useful

fisherjim

blatter said:

Thank you, the parking company have been supplied with the drivers details but have so far continued, via the debt collector, to pursue the RK. 

No, what is happening is the debt collectors have the file and are pursuing the RK to get their cut as per their no win no fee contract with the PPC.

Neither party are bothered about following the procedure they want their money with the least outlay and effort and just hope someone will cave in and pay both their fees.

Johnersh

Ultimately the RK has a complete defence. Pofa Sch IV con provides as set out below. My emphasis in italics.

PoFA exists to provide a mechanism for payment only in very specific circumstances.

Once the claimant has actual knowledge (name and address), the conditions in para 5 are no longer met, so the right to pursue the keeper is extinguished.  

Right to claim unpaid parking charges from keeper of vehicle
4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.
(2)The right under this paragraph applies only if—
(a)the conditions specified in paragraphs 5 [are met]

Conditions that must be met for purposes of paragraph 4
5(1)The first condition is that the creditor—
(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but
(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.
(2)Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.

The big risk here is that the RK pays for an easy life and then passes that cost to the o/p. Efforts should be made to prevent that.

One might envisage that an aggressive line of correspondence should follow by the employer if a LoC is written following the mind-numbing chaser letters. 

B789

blatter said:
Haha, I agree but the RK is my employer! 

The PPC is CP Plus and the parking charge was issued for parking in an area designated for coaches at a motorway services. 

So, in just a few short posts you have learnt a lot about how this should be handled. Maybe try and get some brownie points with your employer and use your new-found knowledge to educate them about how this should be handled.

blatter

Thank you for your assistance, I am currently in conversation with my employer regarding this and trying to explain the situation to them. Also I am informing them if they choose to pay I will not consider myself as liable to reimburse them. I will update when I have anything further.