@icelandfoods PCN Car parking management cumbria

[cumbriaman]

Hi again, i have recieved my notice to keeper today, i am not the registered keeper, if i choose to ignore (which is what i want to do) what are the implications further down the line for the keeper if it should go to court, id hate to get the keeper hassle for something ive done, but on the other hand i dont want to enter into any correspondance with them, i do think i have a reasonable defence for things that have obviously been breached in both the original notice and now the second notice but im keeping these close to my chest for the time being, if it does go to court can i then reveal it was me and how would that look against my defence.

[peanutsallergy]

Hi again, i have recieved my notice to keeper today, i am not the registered keeper, if i choose to ignore (which is what i want to do) what are the implications further down the line for the keeper if it should go to court, id hate to get the keeper hassle for something ive done, but on the other hand i dont want to enter into any correspondance with them, i do think i have a reasonable defence for things that have obviously been breached in both the original notice and now the second notice but im keeping these close to my chest for the time being, if it does go to court can i then reveal it was me and how would that look against my defence.

 

If it goes to court, under POFA, it's the registered keeper that'll be in court.

By then it's too late to own up as to who the driver was.

 

Why have you received the registered keepers notice? I thought you said that wasn't you?

[cumbriaman]

sorry, should have said the notice to keeper has been delivered today and ive been given it to have a read through.

[Homer67]

The fairest thing to do is advise the RK to write to the PPC Desk Jockeys once and tell them you were the driver on the day, then you can ignore their begging letters and the RK is not involved at all.

Edited August 30, 2013 by citizenB

[peanutsallergy]

sorry, should have said the notice to keeper has been delivered today and ive been given it to have a read through.

 

 

Unless the registered keeper writes back, and advises them of the driver, you'll have no further say in the matter.

[Scouse Magic]

Unless the registered keeper writes back, and advises them of the driver, you'll have no further say in the matter.

 

peanutsallergy is correct, all correspondence will go to the RK as they do not know who you are.. I personally am not aware of any court cases that have tested the POFA which states that the RK could be pursued or can name the driver.

 

Probably best to ignore because I cant really see Mr Sobell & Roxburghe travelling all the way to a small claims hearing in cumbria given they are based in surrey and given their track record in the courts.

 

Although if they do issue Northampton County Court Papers and you lodge a defence, they could appoint counsel in their absence.

 

This would cost them money though so the chances of that are slim.

Most Judges whilst applying legal interpretation of the law will assume the RK must have known who was driving their vehichle at any given time unless the claim and dates are wrong etc.

 

The person that issued the parking charge notice must have a close up photograph of the dashboard which clearly shows no pay and display ticket which roxburghe must provide or that alone flaws their case.

 

If the company that issued the pcn dont own the land even if they have a contract, then that is another matter of argument.

 

Best advice is to ignore but if it escalates come back... Just be aware that these sites are scoured to see whos saying what

 

regards

[cumbriaman]

The RK has emailed the DVLA as advised by another forum to ask who it was that asked for the driver details and they have responded by saying if i still want to find out it will cost 10 pounds, is this correct.

[instrumentsofjoy]

The RK has emailed the DVLA as advised by another forum to ask who it was that asked for the driver details and they have responded by saying if i still want to find out it will cost 10 pounds, is this correct.

 

Should be £5.00 not £10.00

[Scouse Magic]

The RK has emailed the DVLA as advised by another forum to ask who it was that asked for the driver details and they have responded by saying if i still want to find out it will cost 10 pounds, is this correct.

 

Why waste your money on the DVLA.... does it matter who the RK is ?? it costs Roxburghe £2.50 to get information from the DVLA although when they were suspended by the DVLA last year, the DVLA informed me that Roxburghe still had a "Free Link"......Confused dot com. Save your money

Edited June 26, 2013 by Scouse Magic
spelling

[cumbriaman]

Whats the best way to appeal this ticket now they have breached POFA, do i just state that as the keeper they cant pursue any further details from me as the have breached the time limit for the notice to arrive, or do i supply proof to them and all the other pointers i had been planning on using or should i just save them for the popla appeal, also, should they have provided some proof of the parking incident in this notice to keeper or does that not matter.

[Scouse Magic]

Whats the best way to appeal this ticket now they have breached POFA, do i just state that as the keeper they cant pursue any further details from me as the have breached the time limit for the notice to arrive, or do i supply proof to them and all the other pointers i had been planning on using or should i just save them for the popla appeal, also, should they have provided some proof of the parking incident in this notice to keeper or does that not matter.

 

Hello again Sir! I just read your reply and I have a number of points for you...

 

The first is that I think most of your points have been clarified in particular by the site team and that is to ignore unless it gets more serious ie:Court Papers.

 

Secondly do not give out too much information as ppc's patrol these sites like train spotters on a covert mission because they are charging obscene amounts of money to motorists and do not like the fact that help is available. The site team can advise you what to do.

 

Thirdly if the Registered Keeper appeals, ask yourself What is being appealed ? and will it fall on deaf ears.

 

Fourthly, if it does escalate to court, the Registered Keeper is entitled to a close up photograph of the dashboard which clearly shows there was no pay and display ticket (Which 9 times out of 10 wont have been taken) otherwise there is a question of liability, thats before we even mention the Hetherington - Jakeman Vs Excel Parking case.

 

So look back and ignore

[cumbriaman]

I have ignored and now received my roxburge letter yesterday, lets see what happens in the coming weeks

[Scouse Magic]

I have ignored and now received my roxburge letter yesterday, lets see what happens in the coming weeks

 

Ive had Roxburghe in court twice and won !!!

 

They currently have their credit consumer license minded to refuse by the OFT pending appeal.

 

I smell a rat when it comes to them... They used to use Graham White Solicitors AKA Michael Sobell same address as roxburghe and used to fire out template letters using his name to scare people to pay promptly.

 

They have somehow now linked up with a GPB solicitors of stratford upon avon who now also appear on the Law Societys website as being registered at roxburghe...as well as stratford upon avon

 

When I telephoned Roxburghe and asked to speak to GPB who supposedly have an office in the same address, I got the same old crap... send an emai......Roxburghe or GPB dont have any intrest in the land in question and there is a legal trainee called msbah zahid who used to operate for white so dont correspond

[cumbriaman]

Ive had Roxburghe in court twice and won !!!

 

They currently have their credit consumer license minded to refuse by the OFT pending appeal.

 

I smell a rat when it comes to them... They used to use Graham White Solicitors AKA Michael Sobell same address as roxburghe and used to fire out template letters using his name to scare people to pay promptly.

 

They have somehow now linked up with a GPB solicitors of stratford upon avon who now also appear on the Law Societys website as being registered at roxburghe...as well as stratford upon avon

 

When I telephoned Roxburghe and asked to speak to GPB who supposedly have an office in the same address, I got the same old crap... send an emai......Roxburghe or GPB dont have any intrest in the land in question and there is a legal trainee called msbah zahid who used to operate for white so dont correspond

 

 

 

What were your court wins for, what points did you use to win aswell.

[kirkbyinfurnesslad]

What were your court wins for, what points did you use to win aswell.

 

 

Why are you bothering to ask when you ignored other peoples advice.....

 

Since you wont take the advice you are given here

[Scouse Magic]

What were your court wins for, what points did you use to win aswell.

 

Hi there, you are welcome to read my entire court case and judgement on here under the thread entitled "Successful defence against private parking ticket" posted by the site team..

 

Please be advised that I am not legally trained and can only share my experience of how I won...

 

My case was unique for a number of reasons......

 

1) It was pre october 2012 before pofa.

2) It involved Roxburghe and Michael Sobell who rarely do court.

3) The claim, the solicitor and the witnesses were so bad a 2 year old could have won......

 

The case was about liability....didnt even have a chance to argue the unenforceable penalty

[cumbriaman]

I have received a letter from GPB solicitors today,

has anyone had any experience with these guys yet,

 

i understand they are new kids on the block,

 

i also understand that this letter i have received is not a LBA it is merely a template with several things missing

which would make it personal to me,

 

i have just been reading the POFA requirements again and i feel like replying to roxburghe informing them that they did not meet these requirements

and also that the PPC didnt meet the requirements of the BPA code of practice to see how they respond, is this wise or not.

[Scouse Magic]

Hi there, Im abandoning this thread because you are being untruthful and I suspect a Troll ...

 

..The reason is this..

 

post #26 "I received my notice to keeper today".....

 

....post #42 "I have received a letter today from GPB."...

 

....You would not receive any correspondence from roxburghe or GPB because you are not the registered keeper

and no where in this thread have you stated that the RK has identified you....

..See Ya !

Edited August 21, 2013 by Scouse Magic

[cumbriaman]

No, i can assure you i am no troll, the RK is my girlfriend who i live with who hands me the letters when they arrive as she says their nothing to do with her so when i put on here i have received whatever its because i have received it, i have it handed to me by the RK. l

[Scouse Magic]

incorrect if the letters have your girlfriends name on them then it is everything to do with her

[Homer67]

No, i can assure you i am no troll, the RK is my girlfriend who i live with who hands me the letters when they arrive as she says their nothing to do with her so when i put on here i have received whatever its because i have received it, i have it handed to me by the RK. l

 

If you really want this to be nothing to do with your GF then I point you to post 29, you need to do that otherwise they will chase your GF whether you like it or not.

[Grotesque]

YES- she is the 'driver' by default. Unless they are told otherwise, hers is the only name they know and can use. That will account for Court papers too- when / if they arrive, with her name on, do you think you can turn up in her place?!

[ericsbrother]

Save your arguments for when a county court summond drops on the doorstep, dont waste your energy with the gofers. You shouldt argue the toss about the responsibility for now, get yourself cited as a witness when the time comes and then the case will have to be rejected and the PPC will have to start all over again and pay a second lot of expenses if they really want to continue.

[cumbriaman]

This is a short section of advice from another website which i chose to follow....

 

If you do not wish to provide the name and address of the driver (and there is no legal obligation to do so)

, the PPC must have complied with all of the following procedural steps in order to be able to recover the parking charge from you.

 

If you know that the PPC has failed to follow the steps below, then you can choose to decline to give the drivers details with impunity; the choice is yours.

 

If you do choose to decline you should advise the PPC just where it has failed to comply with POFA, but after the end of the period for service of the notice to keeper.

 

If you were to advise the PPC too early then the PPC can re-serve the notice to keeper which is compliant with the Act.

 

The RK has chosen not to identify the driver with impunity because in our case they hadnt delivered the notice to keeper within the time period outlined in POFA regs,

all the correspondance which proves the dates have been kept.

[Homer67]

If you do not wish to provide the name and address of the driver (and there is no legal obligation to do so .

 

I think that's your problem there, after October last year the RK is able to be held responsible for any PPC tickets issued.