What should be my next step (PCN)?

Parking_Rage765

1. My wife used my car, parked (briefly - 10 minutes or so) in a carpark that was reserved for customers. As she was not a customer, I got sent a PCN from National Parking Enforcement (as the registered keeper).
2. The PCN arrives. I hand it to my wife - she responds saying that she was the driver and asks to appeal (on the basis that she intended to be a customer but the shop was shut). No response received.
3. Second PCN letter arrives. I hand again to my wife - she responds again saying the same thing, as well as, 'why didn't you respond to my first letter?'. No response.
4. Weeks pass. Eventually I receive a debt collection letter. My wife responds via the debt collection online portal, saying 'why are you pursuing this when I haven't had any response to my letters?'. No response.
5. A week later, she calls them. They say they won't speak to her, she isn't the registered keeper.
6. I ring the same day. They say 'pay us £170 by 5pm (in 10 minutes time) or we'll pass to County Court'. I obviously don't pay.
7. I email a complaint to National Parking Enforcement saying: a) Why have you passed the debt to debt collection without notifying me that you were doing this? b) Why have you passed the debt to debt collection in my name when you know I was not the driver (citing the Protection of Freedoms Act).
8. NPE respond saying :

"Schedule 4, of the Protection Freedom Act allows car park operators (in England and Wales only) to pursue the registered keeper for the recovery of unpaid parking charges if the vehicle keeper does not identify the driver.

We have searched our records and cannot locate correspondence from you providing the full name and service address of the driver at the time of the parking event.

It has been noted on the system the driver submitted an appeal on 02/04/2024, however, we responded by letter on 02/04/2024 stating as they are not the data subject i.e. the registered keeper of the vehicle we were unable to log or consider their appeal. We required for the registered keeper to contact us directly provide the drivers full name and service address to enable us to transfer the liability to the driver and send a Notice to Driver.

Again on 01/05/2024, we received correspondence from the driver appealing, and we responded with the same as above.

As no further communication was received, this Parking Charge has been passed to our debt recovery agent.

You have stated you were not the driver at the time of the parking event, therefore please provide the driver's full name and service address in reply to this email to enable us to transfer the liability.

Please provide this information by 11/07/2024."

What should my next move be? Is there any point disputing their statement that they responded to my wife (she certainly received nothing from them)? I don't think it's true that they need me to say who the driver was if she has already told them and my point still stands that if they know I was not the driver, they can't continue to pursue me. Any help much appreciated. Thank you.

Grizebeck

Let them chase you 
You will win this as liability now rests with the driver since they have driver info by way of an appeal . This satisfies pofa.
A lot of people don't realise the above.
Don't phone TNC/CIS again.  Also ignore the fake letter of claim from them
NPE is the only company I know won't accept an appeal from the driver so to speak

Parking_Rage765

Thanks for this. TNC have said they are passing the case over to the county court. Is this an empty threat or can I expect to hear from them?

fisherjim

You have no debt only an alleged debt, debt collectors are powerless stop phoning them and don't phone the parking company they will pressurise you, and talk rubbish like most phone scammers do to suck you in.

Yes the parking company (not the debt collector they lie) can try a punt in court but if it does get there at least you get an impartial judgement which you don't from a scummy PPC, and certainly not the totally biased IAS.

Grizebeck

fisherjim said:

You have no debt only an alleged debt, debt collectors are powerless stop phoning them and don't phone the parking company they will pressurise you, and talk rubbish like most phone scammers do to suck you in.

Yes the parking company (not the debt collector they lie) can try a punt in court but if it does get there at least you get an impartial judgement which you don't from a scummy PPC, and certainly not the totally biased IAS.

Plus they have no liability under POFA

Gr1pr

Parking_Rage765 said:

Thanks for this. TNC have said they are passing the case over to the county court. Is this an empty threat or can I expect to hear from them?

I don't think that they said that , TNC have no rights to do so 

The only thing they may have said is that they would recommend to their client. (. NPE. ) To issue county court proceedings against you. Meaning that NPE could do so , or their lawyers 

Coupon-mad

It is unlikely to go to court but if it does, they have six years to do that. There is no risk and you have no liability.

We'd help you defend. Just don't show us the series of £170 threatograms please (a stage already covered in the 4th post of NEWBIES PLEASE READ THESE FAQS FIRST).

No link. My signature says how to click back to read the 'newbies' FAQS thread first.  Nothing else is needed and DON'T respond to begging letters unless you move house, obviously, but that's common sense (not parking related advice).

Grizebeck

Gr1pr said:

Parking_Rage765 said:

Thanks for this. TNC have said they are passing the case over to the county court. Is this an empty threat or can I expect to hear from them?

I don't think that they said that , TNC have no rights to do so 

The only thing they may have said is that they would recommend to their client. (. NPE. ) To issue county court proceedings against you. Meaning that NPE could do so , or their lawyers 

they often threaten like this on the phone

Parking_Rage765

Am I right that if I don't name the driver, I remain liable myself? So if I refuse to name my wife they can legitimately continue to pursue me (which is bizarre given that even without my naming her, they know it was her)?

Grizebeck

Parking_Rage765 said:

Am I right that if I don't name the driver, I remain liable myself? So if I refuse to name my wife they can legitimately continue to pursue me (which is bizarre given that even without my naming her, they know it was her)?

Please go back and read what ive said
The answer is in there

Parking_Rage765

Grizebeck said:

Parking_Rage765 said:

Am I right that if I don't name the driver, I remain liable myself? So if I refuse to name my wife they can legitimately continue to pursue me (which is bizarre given that even without my naming her, they know it was her)?

Please go back and read what ive said
The answer is in there

Liability rests with the driver and they can't claim not to know who that is as she has told them? I am not required to tell them again that it was her because they already know?