Old parking

[Rallyspeed]

Hi I have recently been receiving several letters from DCBL regarding a parking charge notice from 2017, the alleged offense was in Richmond North Yorkshire, which I have never been to, so I can only think it was my ex partner who was driving. I have not owned the car for over 3 years. The reason I have only started receiving the letters is because they were sending all the correspondence to my old address, again which I haven't lived at for years. I spoke to them on my works phone, asked if they had images of the car and signage, they said they have a picture of the car with the sign in the background but that its blurred. I have no contact with my ex. Whats the best course of action? Am I right in thinking the contract to park is between the parking company and the driver of the car and not the registered keeper?

[EnglandPi]

You are correct the contract the alleged contract is with the driver of the car and not the registered keeper but the default is always the registered keeper. Unfortunately they will expect you to give them the details of the driver and won't take no for an answer because people try it on all the time.

[ostell]

So you can either fight it yourself or name your ex as the keeper at the time.

POFA allows them to transfer liability from the unknown driver to the keeper, assumed to be the registered keeper unless the contrary can be shown. I presume that you can show that you were not in control of the car at the relevant time. Let your ex handle the pain. He may not have been driving.

Has the registered ownership of the car been transferred to him, to save future problems?

[Rallyspeed]

I have given the my ex partner's details but they said its to late its down to me, also they have a picture of the car but not the vicinity of the signage to the parked car

[ostell]

What did you tell them, your partners name and address as the driver or the keeper?

If you have given his name as the driver then they have no claim against you as condition 5 (1) (b) of POFA is no longer true. There is no time limit on this, only if they have started court proceedings. I presume they have not.

DCBL are mere debt collectors (I presume it is DCB Ltd writing to you) with no authority so you should be informing the parking company using first class mail with free certificate of posting from a post office. Also tell them that this is your current address for service. This will help if they start any actions against your old address.

Have you the original Notice to Keeper that you can post up, suitably redacted but leave dates

If not then SAR to the parking company to get all the details

[ostell]

No more phone calls!

Here's a suggested letter:

**************************************
Sirs,

I have received contact from your agent DCBL in connection with an alleged breach of parking terms in vehicle [ insert VRM] and Parking Charge Notice [insert PCN number].

Although some time ago I was the registered keeper of the vehicle I have not been the owner nor keeper for several years. The keeper /driver at the time of the alleged breach is [insert partners name] of [insert partners full address].

Now that you have the driver's name and serviceable address then condition 5 (1) (b) of Schedule 4 of the Protection of Freedoms Act 2012 is no longer true and therefore there is now no keeper liability available under the Act. Despite the assertions of the contrary by your agent there is no time limit for providing this information bar the start of proceedings in the court.

I do not expect to hear from you again other than a letter confirming that there will be no further action against me on this matter and my personal details have been removed from your files.

For your records, please record that my current serviceable address is [your current full address details]. All previous addresses to be deleted.

Yours,

************************************

Send this to the parking company. If the letter you received was from DCB Legal then send a copy to them as well. If it was DCB Limited then ignore.

The letters should be sent first class mail with a free certificate of posting from any post office. Just hand over the counter and ask for first class and certificate of posting.

If the letter was sent by DCB Legal then send both as soon as possible as legal proceedings may well be initiated shortly and you may then have an argument to show that you were not liable as 5 (1) (b) no longer applies.

Telling them your correct address removes the chances of them initiating a claim against your old address without you being aware. If they do then you will be better armed to be able to get any decision against you overturned.

It goes without saying but I will. Keep all documents in a safe place for 6 years after the alleged parking breach.