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    • Prices had already risen in expectation of action, with Brent crude near a six-month high last week.View the full article
    • Thanks everyone. Will speak with the manager first chance I get later today and let you know.
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    • Welcome to the Forum. The PCN must be subject to Bye laws as the warning near the bottom of the PCN does not comply with the protection of Freedoms Act 2012 Schedule 4 Under Section 9 [2][f[] of the Act it should say: (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver ,the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Their version states they are pursuing you as the driver [because of the Bye laws they cannot transfer the liability from the driver to the keeper] even though you are the keeper. Should it go to Court Judges do not accept that the driver and the keeper are the same person. Obviously on many occasions another member of the family may be driving instead of the keeper. Indeed anyone with a valid motor insurance policy is able to drive your car. if any of the three cars were not driven by the keeper they are not liable to pay the PCN only the driver is.  as long as they do not divulge who was driving those lovely people at Alliance haven't a hope of winning against them in Court. What a shame. However while those keepers who were not driving are in the clear all is not lost for the other keeper drivers. Alliance still have to prove who was driving which is difficult providing those keepers do not appeal.  It is quite often that on appeal the keeper may say "I entered the car park at....."  immediately giving away that they were the driver. Plus even if you appeal it won't be accepted as a] they lose £100 straight away and b] mostly all the major car parking companies are dishonest scrotes. In the meantime you will be on the receiving end of threatening letters from Alliance, unregulated debt collectors and fifth, sixth or even lower rated solicitors all trying to frighten the life out of you to cough up. They can all be safely ignored since if you don't contact any of them they don't know who was driving so have no information that the can use in Court to identify the driver. Some time in the future they may send you a Letter of Claim which must not be ignored. Just let us know and we will advise a suitable snotty letter to send them which will show that you are not afraid of them and are happy to turn up in court knowing that you will win. Sorry it was a bit long winded.  
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Driving without a licence


evertonmad
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Had a driving disqualification, which has now over with, sent my application for a license to the dvla on recorded delivery, said it would get there next day by 1pm. Anyway i went two days after it was sent thinking that i was fine to drive, under section 88 or something, that you can drive if dvla have received your license. I stupidly never checked, as thought they would have it. Car had tax, mot, insurance.

I was pulled over by the police on a spot check, and they checked my details which showed the ban, and expired license, got onto the dvla who confirmed my application hadn't arrived. Car got towed, and i had to get somebody insured on the car to go pick it up, cost me 150 quid to get it back, and a whole day sorting out, running back and forward police station.

Got my car back, now im waiting to see what the court will send? anybody know of the punishment/fine etc that may occur for driving without a license??

Feel stupid that the difference from getting caught and not getting caught could of been them opening a letter, but obviously only self to blame

 

I have now spoke to dvla who confirmed they have recieved my application. The detail in the matter is a VALID APPLICATION, if the application isnt yet processed it isn't VALID, your not covered to drive. So the info below is a bit misleading and has caused me to make a big mistake.

 

 

Just wondered if anybody knows what i may be facing, scared i may get banned.

 

((Once DVLA has received your valid application you can drive before you receive your licence as long as you:

 

have held a GB or Northern Ireland licence issued since 1 January 1976 or another exchangeable licence

aren’t disqualified from driving (there are different rules for medium or large vehicles, minibus or bus drivers - the traffic commissioner for your area will decide whether to grant your entitlement to drive these vehicles)

haven’t been refused a licence for medical reasons or for failing to comply with medical enquiries

wouldn’t be refused a licence for medical reasons (if in doubt, check with your doctor)

keep to any special conditions which apply to the licence))

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I suspect the whole range of penalties are available to the court from disqualification and points to fines. You do however have quite good mitigation and correctly presented might persuade a court to go the lighter route than the heavier one. I would start getting the paperwork in order re dates to prove what you are saying is the truth and not trying to hoodwink the court.

 

One thing that comes to mind though is that an insurance policy is normally only valid if the driver has a valid driving licence so that may raise its head too. What did you tell the insurance company about your disqualification when getting the insurance? Did you declare it?

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I had a few different problems, and current pluck the courage up to tell my mum. The insurance is in her name, and im the second driver on it, so i never told the insurance company. The policeman said he was going to give me a 60 pound stop fine, but couldnt as i cant show my licence at a police station within 7 days, with it most likely not arriving, so said ill have to wait for a letter off the court and just plead guilty, if neccesary

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It does sound like if that did occur ie it only is the D/L matter you would be getting off lightly. The problem is if they now check with your insurance company and find out that you and your mother have not declared the disqualification. It is a criminal offence to obtain a policy of insurance and fail to tell the insurance company about previous convictions / disqualifications. You may have just dropped your Mum in it. The point being that the premium would most definitely have been much higher than it was in fact or you may not have been insured by that company at all.

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shooting from the hip on this one

 

you sent the application to dvla by recorded delivery

(do you now have a date received by track and trace)

 

the date and time you sent it will be on the receipt given by the post office

 

its not your fault dvla left it in there post room, but need date dvla signed for it

 

 

INTERPETATIONS ACT PEOPLE ???

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It does sound like if that did occur ie it only is the D/L matter you would be getting off lightly. The problem is if they now check with your insurance company and find out that you and your mother have not declared the disqualification. It is a criminal offence to obtain a policy of insurance and fail to tell the insurance company about previous convictions / disqualifications. You may have just dropped your Mum in it. The point being that the premium would most definitely have been much higher than it was in fact or you may not have been insured by that company at all.

 

do you think the insurance company will take up regarding this? they have sent a letter out to say ring us within 7 days as a matter or urgency or your policy will be cancelled.

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do you think the insurance company will take up regarding this? they have sent a letter out to say ring us within 7 days as a matter or urgency or your policy will be cancelled.

 

You don't have any choice do you? If the policy is going to be cancelled if you don't call, I suggest you find out what has happened. I also agree with postggj that you enquire at the DVLA.

 

Let us know how you get on.

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You don't have any choice do you? If the policy is going to be cancelled if you don't call, I suggest you find out what has happened. I also agree with postggj that you enquire at the DVLA.

 

Let us know how you get on.

the policy only has 2 and half months left, but i dunno whether i should just let them cancel it and hope nothing comes of it. Then start a fresh insurance, with everything clean. Got myself in loads of sh*t through struggling with money

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