Missed appeal window due to wrong address - questions

aggravated_yeti

Hi everyone - grateful for hep with the below situation. I've read the newbie thread in reasonable detail and still have a few outstanding questions, but apologies if these have already been answered elsewhere.

My situation

• I regularly go climbing at a climbing centre with private car park. The car park is administered by a private provider (civil enforcement ltd), and is free if you go climbing, provided you put your reg number in at a tablet at the centre
• Back in April, I must have made a typo when I did this (mistake #1) and therefore was sent a parking charge
• Unfortunately, this (and presumably subsequent letters) was sent to my old address, because I hadn't updated my v5c when I moved (mistake #2)
• Today, I got a notice of debt recovery from DCBL asking for £170, and noting that I'm not able to appeal before going to court, because it's been more than 28 days since the original charge (and all the letters in the meantime went to my old address).
• I've contacted the landowner (i.e. the climbing centre) who have been very helpful, but say they aren't able to cancel the PCN because it's been too long since it was issued - but had they been informed before, they definitely would have done, because it was an honest mistake. Obviously, had the original PCN been sent to my correct address, I would've been able to nip this in the bud easily. I've asked them to send me a) written confirmation this is the case and b) evidence that I was actually climbing that day (and therefore using the car park for its intended purpose).
• As per advice on this forum, I've emailed the parking provider and debt collector instructing them to erase my old address immediately. I haven't had any communication with them otherwise. I've also updated my v5c to the correct address.

My questions

I have no intention of paying the charge, and wish to go court subject to clarifying a few things:

1. Do I still have a leg to stand on given mistakes #1 and #2? I.e. given that these are both on me, will they count against me in court? 
2. Is there any further way I can leverage the landowner being firmly on my side in the context of a court case other than what I've already requested of them?
3. My wife is the registered keeper of the car, so the debt recovery notice has been served in her name. She is 9 months pregnant and has no intention of pursuing the case herself (which is fair enough...!). Can I pursue it on her behalf in terms of submitting documents, appearing in court, etc? Is there anything I need to do in order to transfer the case into my name, given that I was the one driving? 
4. I'm assuming a POPLA appeal is not an option at this stage given the time that has passed. Is this true?

Really appreciate any light you could shed on the above.

Gr1pr

1) everyone has a defence,  regardless of the old address issues 

2) impossible to say, but you have done the correct thing so far

3) she can name you as the driver,  to the parking company,  discharging her possible liability by transferring liability to the driver  , as mentioned by Johnersh in the following thread 

https://forums.moneysavingexpert.com/discussion/comment/81486660#Comment_81486660

4) as it stands,  yes , correct 

Ignore the powerless debt collectors letters however 

aggravated_yeti

Thank you - thats really clear. On point 3, should she be contacting the parking company to name me as the driver, or the debt collectors (who sent the letter), or both? And presumably I can do this now without waiting for further action? I basically just want to make 100% this is off her plate, I’m happy to deal with whatever paperwork might follow.

Gr1pr

She could copy in both,  but definitely the claimant parking company,  the principal 

She would be telling the debt collectors that she has named the driver to the parking company under POFA2012 so they should refer the case back to their client 

And we are happy to help you going forward 

aggravated_yeti

Thanks - I really appreciate the quick responses and the huge amount of work that has clearly gone into everything written up in the newbies thread and elsewhere, it’s a real godsend!  

Gr1pr

Just make sure that it's done in her name,  from her, even if you are helping her,  because its her name on the paperwork,  not yours

Coupon-mad

Of course she can transfer liability to you as driver and should have done that already (not by phone of course). That's a normal part of the process. Then you can ignore the threatograms and then defend the poorly pleaded, doomed claim.

  

aggravated_yeti

Great - she's sent the email using the template in the thread Gr1pr linked. Am i right to think that I now proceed as per the newbies thread post #2 - i.e. ignore everything until I get a letter before claim and then respond accordingly?

Gr1pr

You should receive a letter in your name,  as the named driver,  so depends what it says

But once the letters are coming to you,  in your name,  we can help you with them, so wait and see  ( and if any demands continue to arrive in her name,  let us know too  )