PCN - Disclosed name of person driving but Minster Baywatch insist I pay.

littlemillridge

My daughter is resident in Spain,visits UK about every 4 months, and is a named driver on my car insurance. In March we got a PCN from Minster Baywatch Ltd. My daughter was the driver, I informed them of this and gave them her address in Spain. They wrote back saying that since it's a foreign address, they were still holding me responsible as the Registered keeper and that I must pay. There have been 2 letters, and today the first Debt recovery threat. I am fairly sure that they cannot hold the registered keeper responsible if they weren't driving. Does anyone else have experience of this? Thanks in advance.

KeithP

It would be good if you can get your daughter to write directly to Minster Baywatch to confirm she was the driver at the time and stating her address in Spain as her contact address.

With that information, MB simply cannot continue to chase the vehicle's keeper.

kryten3000

This is what I use for non UK resident drivers, usually at the LBC stage:

Dear Parking Company/Legal Representative

Your ref(s): xxxxxx

PCN Ref(s): xxxx/xxxx/xxxx

Vehicle registration: XXXXXXX

I am in receipt of your most recent correspondence dated <x>

I refer you to the wording of the Protection of Freedoms Act Schedule 4 which makes a number of references to an current address for service.  The act defines what this means in Paragraph 2:

"current address for service” means—

      (a)in the case of the keeper, an address which is either—

               (i)an address at which documents relating to civil proceedings could properly be served on the person          concerned under Civil Procedure Rules; or

               (ii)the keeper’s registered address (if there is one); or

     (b)in the case of the driver, an address at which the driver for the time being resides or can conveniently be contacted;"

In this case paragraph 2(b) applies. The POFA does not specify that the address which the driver resides or can conveniently be contacted must be in the UK.

My position is therefore as follows:

I discharged any liability to you(r client) by providing the name and address for service for the driver on the material date.

Consequently I have no liability for this charge and whilst it may be inconvenient for you(r client) that the driver's place of residence is out of jurisdiction, that does not alter the fact that I am not liable for this charge.

In addition, I repeat my request for the documents on which you(r client) intends to rely including proof that they have complied in full with the requirements of the POFA in the first place.  It is my position that your client's notice is defective and consequently unable to hold me liable even if I had not already discharged my liability.

I fully intend on defending this claim and will be seeking my own costs from you(r client) should this matter go to court and the case is found in my favour.

Please refer to para 7 of the CPR's PaP for Debt rules which states:

7.1 If a matter proceeds to litigation, the court will expect the parties to have

complied with this Protocol. The court will take into account non-compliance

when giving directions for the management of proceedings. The court will

consider whether all parties have complied in substance with the terms of the

Protocol and is not likely to be concerned with minor or technical

infringements, especially when the matter is urgent.

Name (registered keeper)

Address

Coupon-mad

 I am fairly sure that they cannot hold the registered keeper responsible if they weren't driving. 

Correct - if you transferred liability they can't continue to process your data and demand money from you.

Send them a complaint online.

Then report them to the BPA.