PCN from PPM at rental residence

Le_Kirk

square_coaster said:

Coupon-mad said:

You can't respond to that LBC.

In post 2 of the Newbies thread, there is discussion about sending the solicitors a robust email after receiving an LBC that gives me a 30 day window to return their forms (which I know not to use).

It is this email that I am discussing - if not mentioning in this email that I was the driver, how else should I highlight this? Emailing the IPC?

Who is the LBC addressed to?  That is the person who responds.

Nellymoser

Am I correct in thinking you are seeking info on how and to whom the person named on the LBC passes on name and address of the driver at the time of alleged event (transfer liability).

Coupon-mad

I'll try again; hopefully this meaning is clearer:

YOU can't respond to the LBC.

square_coaster

Nellymoser said:

Am I correct in thinking you are seeking info on how and to whom the person named on the LBC passes on name and address of the driver at the time of alleged event (transfer liability).

Yes indeed @Nellymoser, that is what I am trying to do. It has been made quite clear that I am unable to do that, but again what I am asking for is the method through which this transfer is completed. Is it through the LBC forms? An email to the BW Legal solicitors? A submission to the IPC?

There is no mention of this process in the Newbie thread and searching the MSE forums today results in "upstream search microservice returned an error."

square_coaster

square_coaster said:

It is this email that I am discussing - if not mentioning in this email that I was the driver, how else should I highlight this? Emailing the IPC?

Coupon-mad said:

I'll try again; hopefully this meaning is clearer:

YOU can't respond to the LBC.

I'm not sure why you felt the need to clarify the portion of my question that didn't require any help - perhaps you missed the above second portion of my response?

Nellymoser

Coupon-mad said:

An important step right now is to decide who is stronger at defending the claim. If you would be better at this game than your partner then they must respond to the LBC and give your name & address as the driver.

This is the final chance to change the proposed Defendant to you.  Certainly worth doing if they would 'wobble' a bit.

I doubt driver details would go to IPC. Not 100% sure if your partner's only response to the LBC is to transfer liability giving your name address as the driver or if anything else needs included in the email. Maybe @Coupon-mad would clarify and if your partner's email goes to BWLEGAL and/or company who issued PCN.

BikingBud

I feel that worrying about who should defend is a little bit pre-mature isn't the most appropriate response;

"As occupiers of the property with an allocated parking space and primacy of lease that does not stipulate that parking permits need to be displayed, there is nothing to see or respond to here. Your claim is without basis or merit. We know it and you know it!

Stop wasting our time as we both know you will bottle going to court and we have better things to do with our lives than investigate and compile long witness statements and defences that will blow your stupid scam out of the water. You know this as well, therefore, any further pressure or bullying can only be construed as unprofessional and unreasonable behaviour.

We also put you on warning that if you do continue to pressure and bully us, yet discontinue the claim at the last moment before going to court as you expected us to cede to your shameful tactics, and we did not, our position will be to counter claim and seek full recompense for our costs including wasted time taken to demonstrate how woeful your claim was"

Coupon-mad

Deciding who should defend is really important if one is stronger and more up for it than the other.  And it's not premature: LBC stage is the last chance to transfer liability.

Clearly the keeper just adds a paragraph to the response they are sending to BW Legal by email or on their 'portal'.

This is just a normal thing to add.  Doesn't need to be in the NEWBIES thread. No template needed.

The Keeper simply gives the driver's name and postal address and says she is transferring liability before court action commences and they must take it up with the driver.

Coupon-mad

square_coaster said:

Coupon-mad said:

You can't respond to that LBC.

In post 2 of the Newbies thread, there is discussion about sending the solicitors a robust email after receiving an LBC that gives me a 30 day window to return their forms (which I know not to use).

It is this email that I am discussing - if not mentioning in this email that I was the driver, how else should I highlight this? Emailing the IPC?

I replied to clarify because your reply above appeared to miss the emphasis on 'you can't' and used words like:

"gives me a 30 day window"

"how else should I highlight this?"

All of which looks like you were intending to reply the LBC.

square_coaster

Good morning all,

As an update, I've been emailed back from BW Legal with the following:

"Please be advised in order to request a transfer of liability to the driver of the vehicle, we require a signed statement by both yourself and the driver, confirming their liability for the contravention. 

Please note, our Client is under no obligation to accept your request for a transfer of liability, as this Parking Charge Notice (PCN) was issued under the remit of the protection of freedoms Act 2012, which allows our Client to pursue you as the registered keeper of the vehicle. Our Client provided you with the opportunity to provide the details of the driver of the vehicle following issue of the PCN however you failed to do so."

This is after providing the details of the driver (me) via email. I suppose I go ahead and formulate a signed form as requested to transfer liability? Is it likely the client would still pursue the registered keeper rather than the driver?