PCN to registered keeper not driver

[ostell]

It is 56 calendar days to be received, 2 working days to be delivered, check for weekends. There can be no keeper liability. Were there other POFA fails in the NTK?

DCBL acting as debt collectors cannot take anyone to court. They can only frighten by suggesting that they are going to recommend court action.

[Sid0121]

I received the following message from PPL and would appreciate any advice?*



-------- Original message --------
From: Appeals <appeals@premierparkinglogistics.com
Date: 02/2020
Dear xxxx


Thank you for your email.


Parking charge notice xxxx01 was appealed by the keeper therefore the charge was acknowledged and rejected.


Parking charge notices xxxx02, xxxx03, xxxx04 were issued under The Protection of Freedoms Act 2012 guidelines therefore it was your responsibility as per reminder letters to forward the drivers details. As you failed to forward this information the charges remained in your name.


Please refer to reminder letters and letters from DCBL

Regards,
Premier Parking Logistics


By accepting receipt of this information you agree to use this information in line with GDPR, the Data Protection Act 1998 and any other relevant legislation and guidelines. Privacy Policy at*info@premierparkinglogistics.com/privacy-policy


Tel: 0121 236 1878

Email:*info@premierparkinglogistics.com


Address:


The Big Peg Unit 713,


120 Vyse Street Jewellery Quarter Birmingham


B18 6NF





---


* Oct 2019

Dear PPL,*


I have received your Notice to Keeper xxxx01, xxxx02, xxxx03, xxxx04 for vehicle xxxxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. You have also not stated the period of parking as required by 9 (2) (a) of the same act.


Also you have failed to state that the creditor does not know both the name and a current address for service for the driver as required by (8) (2)(e) of the same act.*

You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

I was not the driver at those* times and as there is no legal requirement to idemtify the driver.
I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours*sincerely*

*

[ostell]

Just remind them of the letter you sent in October and state that contrary to their statement in the letter POFA 2012 is not a guideline, like their Code of Practise, but a statement of law that must be adhered to in order to be effective.

[Sid0121]

Hi,

Today i received a letter from DCBL legal titled 'letter of claim' requesting immediate payment within 30days or a acknowledgement of their letter. And if i wish to discuss the matter then to call them. If its not dkne witb 30days they will pursure court proceedings and charhe me interest at 8% per annum under Section 69 of the county courts act 1984

Do you think i should call and give driver details? Will the driver then have the option to pay at the reduced rate?

The letter was regarding 2/4 of the PCN.

Any advice would be appreciated, thank you.

[ostell]

Could you post up that letter

[Sid0121]

Resized due to size limitations on this site. There is a section in the end of the letter mentioning their client will consider mediation, do you think i should contact them regarding this? Do you think it will go to the courts? Thanks again for your replies and time

[ostell]

So write again to DCB Legal telling them again that you cannot be held liable for the actions of the driver because there client failed to comply with the requirements of POFA. Then list the fails that this particular notice contained. I can't work out which is which.

You can post images to a hosting site such as imgur and put a link on here

Post for critique before you send.

[Sid0121]

Thanks OSTELL.

I have written up the below response to email DCBL. I have mentioned in the email that i have a total of 4 PCN but the letter they sent was referring to one only. I am aware that DCBL are aware of this because they sent some letters previously regarding the others which were ignored. Do you think its ok to mention the 4pcn or just discuss one at a time?

"Dear DCL

I acknowledge the letter you sent on xx October 2020.
I responded back to your client last year on xx October 2019 and i made your client aware that i was not the driver and cannot be held responsible.

In addition your client has failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. Your client have aslo failed to state the period of parking as required by 9 (2) (a) of the same act, as well as failed to state that the creditor does not know both the name and a current address for service for the driver as required by (8) (2)(e) of the same act.

With everything going on i am now unemployed and not in a position to pay for parking notices where i was not the driver. Your client have issued a total of 4 PCN now where i cannot be held responsible as i was not the driver and all 4 PCN contain the failures mentioned above. I want to resolve this matter and prepared to enter mediation asap. "


Your assistance is much appreciated.
Thanks again.

[Sid0121]

https://m.imgur.com/a/pZXRP4x

[Sid0121]

Hi any feedback on the on the above post would be really helpful.
Thanks

[ostell]

Just ignore

[Sid0121]

Oh, i haven't written to DCBL at all yet.

as you mentioned in your previous post on 18thOct to advise them of their clients POFA failes i have written the above response but not sent yet as i wasn't sure if it was a good idea tk mrntion the othrr PCN's.

. Would you now advise to ignore or write back? My only hesitation is that if i write to these guys will it spark a process for them to take my case on? but if i don't and i end up in court one day they may say i had multiple contact and options for mediation too but no contact from me, could this work in their favour

[ostell]

OK miss out that last para about multiple PCNs. You do not ignore a Letter before claim.

Just to make life easy can you post up the PCNs listed in their letter.

[Sid0121]

couldn't upload on here due to size limitations but this is a link to images of the PCN's i uploaded previously. I believe all the PCN notices were the same.

[ostell]

Believe is not good enough, and they can't really be the same