Britannia Parking PCN

F___BritanniaParking

Afternoon guys,

Context - Parking charge from Westquay Retail Park car park from Britannia Parking in May. Paid for over 5 hours of parking but returned to my car ~20 minutes late. Paying customer at Westquay Shopping Centre. I have received the initial Notice to Keeper and Final Reminder from Britannia and now a Notice of Debt Recovery from Direct Collection Bailiffs Ltd.

I have complained to the Westquay Shopping Centre management through their website and after some back and forth they have agreed to look into it but have said:
'I will look into this and get back to you but may encounter problems myself as it has gone to a debt collection agency you stated. ... I am not making any promises regarding this as like I have already said, they deal with all aspects of PCN's.'

Will await their response. After looking further on the forum I believe the Notice to Keeper is non-POFA as it doesn't state the Protection of Freedoms Act 2012 Paragraph.

Is there a way to reset the process by admitting details as the registered driver so I can appeal to Britannia and then failing that POPLA etc?

Apologies if this is yet another mindless post, I am trying to follow the advise so I guess my question is can I reset the process so I can appeal?

Thanks in advance

Gr1pr

If the keeper was NOT the driver, the keeper can name the driver with a suitable address for the service of papers, to the parking company, anytime up until a court claim is issued 

If the keeper was also the driver, then no, you cannot name yourself as both and expect a new PCN 

So name a different party is yes. ( If true. )

Ps , there is no such thing as a registered driver, just a Registered Keeper 

F___BritanniaParking

Okay, so how do I go about naming a different party, does it matter if the address is the same? Does it have to be true?

If I did this to reset the process how likely is it I would win the POPLA appeal?

I don't know what my next step is.

Gr1pr

I did mention that it must be true, no different to me as keeper naming my wife as the driver, doesn't matter if its the same address , which in my case it is. Its not a difficult thing to understand or do , being a different address doesn't matter either 

Nobody can predict the chances in a Popla appeal, especially an appeal by a known or admitted driver 

Neither do I ( because you know things that we don't. )

As an aside, if the police sent me a NIP regarding a speeding ticket, if I was not the driver I would be expected to say so and to name the actual driver in order for them to prosecute the correct person. Solicitors and MPs have done time for fundamental dishonesty, perjury , or similar 

What the keeper cannot do is name themselves and expect a new PCN posted to the driver, it doesn't work that way

LDast

It’s too late to appeal anything as the keeper. If you intend to lie and nominate someone else as the driver, they would have to re-issue the PCN in the “drivers” name but it is not guaranteed.

The registered keeper can nominate the driver at any point. However, doing so after the appeal deadline has passed complicates the situation because the case has already been escalated to a Debt Recovery Agency (DRA). If the keeper nominates the driver after the appeal deadline, the PPC has the discretion to accept this nomination. If accepted, they might issue a new Parking Charge Notice (PCN) to the nominated driver. However, in practice, once the case has been referred to a DRA, the PPC is likely to be less willing to accept a driver nomination and issue a new PCN. The focus tends to shift towards recovering the outstanding charge from the registered keeper.

You can try but it simply complicates the matter and there is no guarantee that the nominated driver will get a chance to appeal. Also, think of the consequences should this ever progress as far as court. 

KeithP

F___BritanniaParking said:

Okay, so how do I go about naming a different party, does it matter if the address is the same? Does it have to be true?

Yes, everything at court must be true.
It otherwise becomes a serious criminal matter. 

Google perjury.

F___BritanniaParking

I did mention that it must be true,

I guess I was just wondering why

Neither do I ( because you know things that we don't. )

Is there any other information I can give?

Its not a difficult thing to understand or do

What the keeper cannot do is name themselves and expect a new PCN posted to the driver, it doesn't work that way

Okay thanks, I understand

F___BritanniaParking

KeithP said:

F___BritanniaParking said:

Okay, so how do I go about naming a different party, does it matter if the address is the same? Does it have to be true?

Yes, everything at court must be true.
It otherwise becomes a serious criminal matter. 

Google perjury.

Thanks, already been covered

LDast

There is no legal obligation for the keeper to identify the driver. You, the known (to the PPC) keeper are the person being pursued at the moment. The unknown driver (to the PPC), is liable but they can only transfer that liability to the keeeper if the NtK is fully compliant with all the requirements of PoFA, which you think is not the case.

So, no need to deny you were the driver, just don’t admit that you were, inadvertently or otherwise, as you have in your opening post. If/when this proceeds to court (it may not), then if the NtK is not PoFA compliant, all you have to argue is that the burden of proof is on the claimant to prove you were the driver. If they can identify you from this thread, then you have an issue.

Gr1pr

I assume that apart from the landowner complaint that you are at the debt collector stage and truthfully naming the driver is not a possibility,  leaving you at the debt collector stage, so nothing more to do but think that Britannia may sue you in the future, like in other Britannia threads on here , so prepare for a court claim after an LoC arrives sometime in the future, and hope that the retail park or landowner will manage to cancel it 

Hypothetically , At the moment its a Civil matter over money,  don't allow dishonesty to turn it into a criminal matter, which is much worse if convicted. Nobody should perjure themselves over a £100 or less invoice 

Coupon-mad

The retail park can certainly get it cancelled. Debt recovery stage is not something special and has cost Britannia nothing at all.

Reply to the retail park thanking them for all efforts they can make and tell them the above.  They've probably been misled that this is some sort of escalated 'enforcement' stage.  It isn't.

DO NOT NAME THE DRIVER.

A non-POFA PCN is easy to defend. Would have been a cinch to win at POPLA too.