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  • FIRST POST
    • Henryarchie
    • By Henryarchie 14th Jun 19, 7:54 PM
    • 5Posts
    • 2Thanks
    Henryarchie
    Letter of Claim- driver named
    • #1
    • 14th Jun 19, 7:54 PM
    Letter of Claim- driver named 14th Jun 19 at 7:54 PM
    Hi, Sorry for posting a new thread but I haven't seen anyone ask this yet.

    What happens if someone has declared that they ARE the driver? Being honest and naive and trying to be genuine, and they have used POPLA appeal because they thought they had a real reason to appeal but it was turned down.

    They have had a letter of claim now from BWL so would it be worth them still fighting it?

    The last time they had parked on this particular pay and display car park they had put their pass in the window of their car (which enabled them to park there as a customer of one of the businesses as long as the pass was displayed in the window which it was) but things had changed and they were now supposed to register their number plate instead but had not been told of the change of rules.

    Is it worth pursuing or should they just pay. It has now gone up since being passed to BWL from the amount of the original fine.

    They have read the posts on here (Newbies) but as they have declared that they are the driver, they are not sure where they stand.
Page 1
    • Redx
    • By Redx 14th Jun 19, 8:21 PM
    • 25,008 Posts
    • 31,939 Thanks
    Redx
    • #2
    • 14th Jun 19, 8:21 PM
    • #2
    • 14th Jun 19, 8:21 PM
    a judge will tell them where they stand after the judge has had all the facts and legal arguments put before them

    ie:- your questions will be answered by a judge , as only a judge can answer them

    a driver can always be held accountable for their actions, wherever they occurred , with a judge or magistrate (or the TPT tribunal officer) deciding the outcome

    what an admitted driver cannot do is hide behind a law called POFA , ENACTED SOME 6.5 YEARS AGO

    the driver has to decide what the facts are and as they wont know all the facts they cannot know what the outcome may be , in which case neither do we

    we do not know if the landowner and PPC have a contract flowing that allows the PPC to win

    we dont know what the signage says or if it was adequately lit at the time

    we dont know if any fraud occurred by the PPC, like putting up signs after a driver parked

    we dont know if the PPC has adhered to the relevant CoP or laws

    there may be other things we dont know, and neither may the admitted driver ( or anyone else for that matter)

    so there are no answers to your questions, due to too many variables

    X + Y = Z

    what is the value of Z , where only X is known ?
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 14th Jun 19, 10:47 PM
    • 76,496 Posts
    • 89,853 Thanks
    Coupon-mad
    • #3
    • 14th Jun 19, 10:47 PM
    • #3
    • 14th Jun 19, 10:47 PM
    About half our defended cases are won by admitted drivers.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
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