AS parking windscreen PCN - stopped for 10mins - Failure to pay and display - Bluff Inn Car Park, Hayle Cornwall

[ericsbrother]

so you havent written to them at the Bluff then? Still worth doing.

[weallstandtogether]

Ok I'll get that done.

With the lack of responce from calls I wasn't so sure.

But I suppose it would not be completely empty for months at a time.

I'll keep ringing though.

[ericsbrother]

doesnt matter, a positive response at some time in the future will sink the parking co if they go for a court claim.

[silverfox1961]

I have been looking at keeper liability and it is an interesting read. I looked at the KADOE contract from three years ago (not seen an updated one-yet) where it implies that if PoFA is not used, keeper liability can be argued. We have known this for a while.

 

 

Within the KADOE contract is a part about keeper liability as defined in schedule four, paragraph eight which say's:-

 

 

http://tinyurl.com/yddgdpkn

 

As AS parking are members of the IPC and do not rely on PoFA (in the majority of cases) it seems to me that they have no right to apply for keeper details from the DVLA

 

 

AS parking have taken 1 case to court this year. That speaks volumes

[weallstandtogether]

If they have no right to apply for Keeper details then can I use this to my advantage? Would be great if I can turn the tide and try to prosecute them.

I have had debt recovery notification that they say needs my response or they will take it that I was the driver at the time and am liable.

 

More tripe?

 

Letter has gone to the bluff btw (Polite one) on the 3rd of november.

 

Basically it says that I would invite them to have the PCN cancelled as I was not the driver and I would hate to leave a negative review on trip advisor about the company they use on their property as I believe it would not be good for business.

 

I'm still waiting for a reply.

DRP_NOTICE.pdf

[ericsbrother]

you need to swot up on the law, general contract law and the POFA in particular and then you will realise that their threat to assume that you were the driver is utter twaddle and designed to scare you into doing or saying somehting. If they honestly dont know they are wrong on this point then they will learn an expensive lesson if they try that on with a court claim.

 

No, they are more than likely just incompetent liars and have lots of history to support this opinion.

Still nice to see DR+ havent changed their stock letter and I dont see where it says the point you are worrying about.

[weallstandtogether]

Thanks for that. I'll keep waiting to see what they say next and keep you posted.

I'll Google POFA this evening.

Edited November 21, 2018 by weallstandtogether