CPM Parking Charge Notice - Do I have to identify the driver?

Manc1997

I would like to apologise to each of you for not properly following the advice provided. I am a new driver and father and I didn’t like the idea of trying to have my wife dispute the charges. 

I understand now after reading up on situations similar to mine on here that I shouldn’t fear the consequences of trying to protect myself from unfair parking charges.

I appreciate the help & would like to properly handle this situation, whether it results in me paying the charge or not. If any if you could advise me as to what I should do next, please share that with me.

Gr1pr

You cannot lie in these cases, so you cannot turn the clock back, a driver is responsible for the PCNs and may well be liable 

The keeper doesn't have to name the driver, but can do so if they don't want the hassle, its a personal choice, but if the keeper has no POFA liability then they can't be liable 

A driver can definitely be liable 

You are where you are, so if the keeper named the driver then the driver must deal with it ( do not lie about it, otherwise you could be in serious trouble, a criminal offence if it was proven in court. )

Manc1997

Gr1pr said:

You cannot lie in these cases, so you cannot turn the clock back, a driver is responsible for the PCNs and may well be liable 

The keeper doesn't have to name the driver, but can do so if they don't want the hassle, its a personal choice, but if the keeper has no POFA liability then they can't be liable 

A driver can definitely be liable 

You are where you are, so if the keeper named the driver then the driver must deal with it ( do not lie about it, otherwise you could be in serious trouble, a criminal offence if it was proven in court. )

I see, thank you. Ok, so it sounds to me like I should pay the 2 tickets that the driver was named for, and dispute the third one by informing the parking company and my landlord about the non-PoFa-compliant charge? For the third charge, no driver has been named and it has been over a month.

Gr1pr

You can only deal with the ones in your own name, POFA does not assist a driver , they must deal with the ones in their name 

The one in the Keepers name must be dealt with by the keeper, her name, her problem as an adult,  but you can get assistance from anyone, whatever you decide to do,  he can help you, even if you are going to name the driver once more , to transfer liability from you to him

Coupon-mad

Nobody is telling you to pay any.  Eek NO.

Stop. Slow down. Don't misinterpret our advice. If you are unsure, ask. We want to assist you both to deal with these scam PCNs.

Dealing with them DOESN'T involve paying.

If she named you as the driver and yet you were NOT, just reply to UKCPM to tell them she was mistaken and you've looked at the photos together and you were not driving, so liability cannot be properly transferred to you and they should revert to the registered keeper. 

If she named you as the driver and that is TRUE (you were driving), just appeal the PCNs as driver. They won't cancel them but that does at least mean that you will get the court claim for these ones and can defend on the basis of truth.

LDast

I suppose that the driver denying that it was them throws the ball back to the keeper who cannot be liable. Catch 22 for the PPC as the burden of proof is on them to show who was driving, not for the keeper to prove otherwise.

If keeper inability is to be transferred, it should be done as required in the NtK. The PPC must acknowledge the transfer with the keeper in writing/email giving them a reasonable time (usually 14 days to confirm) and also send a new PCN to the named driver.

Fruitcake

The driver doesn't have to lie, nor do they have to accept liability if they don't want to. If they don't respond to the NTDs through the post, the PPC will either have to revert to pursuing the keeper, or issue a claim to the driver even though the latter won't have admitted liability, or possibly revert to powerless debt collectors and hope you crumble and pay.

The problem for you is that you don't know which the PPC will do.

Coupon-mad

But it's not a problem either way.

Do as I advised.  

Manc1997

Hello All, I really appreciate all of your advice and support, thank you. After informing the parking company of a mistake, they have now sent the two notices back to my partner. I will attach pictures below of three documents:

1. 2 Parking fines with new Issued dates.
2. Previous PCN that my partner is now receiving debt collector letters for.

All three notices are from UKCPM, and are for supposed "breaches" that occurred in the past 6 or so months.

From what I have understood previously from some of you, these charges are not POFA compliant, meaning that the owner (my wife) can not be held liable for them. I. have also read from this site that it is not recommended to just ignore them, even if we believe that they cannot hold my wife liable.

After reading the Private parking tickets: how to fight unfair charges thread/post, I think that I should be taking the 2nd approach:

Am I correct in my understanding? Will I be simply informing the parking company that I will not be paying due to non-PoFa compliance, and complain to our landlord and council?

Thanks.

Gr1pr

For starters, ignore the debt collectors letters, debt collectors are powerless 

Its nothing to do with ownership, the fact is that she is the Registered Keeper listed on the DVLA database, even if the owner was Toyota finance or Motability, so there are 

Owner ( she may be this one but its irrelevant. )
Registered keeper. ( She is this one. )
Keeper. ( Day to day keeper.  Could be either of you, or someone else )
Driver ( could be either of you, or someone else like me for example. The parking company have no idea. )

Go to the newbies sticky thread in announcements, study the advice by coupon mad, not the mse advice or advice from elsewhere, just the newbies sticky thread .  You definitely should NOT be reading the mse advice. !! Outdated and not the best advice on the net, the advice by coupon mad is always up to date 

The RK should appeal, based on POFA compliance or not compliant, as keeper , maybe as keeper but not the driver if true , no blabbing about who was driving, so plan B 

Generally speaking, once that is done then ignore any IAS ADR second stage, typically known as plan C , and ignore subsequent or existing debt collectors letters , debt collectors have no powers, just worthless paper and envelopes and stamps 

By all means she can complain to all and sundry, plan A in the newbies sticky thread