Is it worth writing to PE to explain I wasn't the driver? - won

[hatsumomo]

Situation:
- 15 min overstay at supermarket car park (summer 2016)
- In-laws from overseas were using the car, they did a big shop for souvenirs to take home hence overstay.

Status:
- Received two letters from Parking Eye, now it is with DRP and have had a second letter saying 'last chance before we pass to client and suggest to take you to court'.
- I have today written to supermarket explaining situation and asking them to cancel the charge.

Question:
- Should I continue to ignore PE/DRP or should I write them to explain the circumstance and suggest them to chase in-laws overseas?

[ostell]

Re: Is it worth writing to PE to explain I wasn't the driver?

Definitely write to them and give them the name and address of the drivers. They won't like it but tough. They will then not have any cause to chase you, the keeper. Act swiftly, You MUST get the name and address to them before the start of any court proceedings. Get free proof of postage from a post office when you send the letter

[hatsumomo]

Re: Is it worth writing to PE to explain I wasn't the driver?

Thanks!!!

Can/will they not turn around and say 'your problem, you pay us and get the money off the driver'?

[mystery1]

Re: Is it worth writing to PE to explain I wasn't the driver?

They can say what they want, and they might, but you'll have a solid defence.

Hopefully they were insured as to spite you they may refer that to the polis, although unlikely. (permitting an uninsured driver to drive your car is a hefty penalty too)

M1

[paulajayne]

Re: Is it worth writing to PE to explain I wasn't the driver?

Thanks!!!

Can/will they not turn around and say 'your problem, you pay us and get the money off the driver'?

NO. .

[hatsumomo]

Re: Is it worth writing to PE to explain I wasn't the driver?

Thanks. I am not sure exactly who was driving it, there were 3 potential drivers, so can I just say so and give multiple name/addresses to pursue?

[ostell]

Re: Is it worth writing to PE to explain I wasn't the driver?

Give them all 3 names. It's then not your problem.

[mystery1]

Re: Is it worth writing to PE to explain I wasn't the driver?

Give them all 3 names. It's then not your problem.

I'm not so sure.

http://www.legislation.gov.uk/ukpga/...dule/4/enacted

Right to claim unpaid parking charges from keeper of vehicle


4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.


(2)The right under this paragraph applies only if—


(a)the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met; and


(b)the vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.



Conditions that must be met for purposes of paragraph 4


5(1)The first condition is that the creditor—


(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but


(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.







So the question is, does a list of possible drivers mean that they don't know ? I think that's an argument a judge could rule either way on. I would either name one and hope they gave up, or make an effort to get the correct one and expect no more than 1 letter. I wouldn't then expect them to do court.

M1

[hatsumomo]

Re: Is it worth writing to PE to explain I wasn't the driver?

I wrote to both Parking Eye and the supermarket, explained the situation, and just now got a call from the supermarket HQ saying they have spoke to PE and the charge is now cancelled.

Thanks all for the advice and comments.

:vixen: