What now?? They seem determined.

[Ellofagirl]

Hi there,

I received a PPN from Euro Car Parks in July after the car, of which I am the registered keeper was parked in a Sainsbury's car park for around 20 minutes longer than the allowed time.

I was not driving the vehicle at the time, and in fact currently do not even reside in the United Kingdom.

I have written to ECP to inform them that, while I am still the registered keeper of the vehicle, I was not the driver when the alleged breach took place. I also stated that I was aware of my rights and was under no obligation to inform them of who the driver may or may not have been.

I have received the following response:

We note that you state that you were not the driver of the car on the date when the Parking Charge Notice was issued. Your car was parked in the YARM - SAINSBURYS on 07/07/2007 and the Parking Charge Notice (“PCN”) was issued because 'Your vehicle was parked longer than the maximum period allowed'. Please provide details of the driver of the car on this date within 7 days of the date of this letter and confirm whether the car was being driven with your authority. If the car had been stolen or driven without your authority, please provide details of your report of this to the police.

If you do not provide the details required above, you are liable for the outstanding sum either directly as the owner and driver of through an authorised agent who was driving the car on the day in question.

Further, as your car was parked on private land without our authority (as it was parked in breach of those terms and conditions which ECP have clearly set out on its signs), we reserve the right to pursue a claim for trespass.

I am determined not to give in to their ludicrous demands for 75 pounds and would appreciate any advice on how best to proceed.

[Bernie_the_Bolt]

Dear sirs,

 

I deny that I have any obligation to advise you of who the driver was, even if I had that information. I further deny that I as keeper have any liability to you in the event that you are not able to identify the driver or for any other reason, including but not limited to actual or alleged trespass.

 

Should you disagree with the above, please respond citing relevant statute or case law.

 

In the absence of this I will be unable to respond to further correspondence from you or anyone acting on your behalf.

 

I remind you that it is for you to prove your case not for me to disprove it.

 

Yours faithfully

[sequenci]

Nice use of "Parking Charge Notice" rather than "Penalty Charge Notice" under the Road Traffic Act.