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Emailed a diff address - do i have a leg to stand on?
stingray06
post Fri, 18 May 2018 - 09:24
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Hi Guys,

So I borrowed my brothers GF's car a couple months ago and parked at my mums who has the parking over looked by Regent Parking (a part of Solution Labs).

Got a ticket as i'd forgotten to run the parking ticket you have to display downstairs.

Got the notice on 11/03 on the windshield, but I'm aware that these "penalties" and "notices" etc. are just scare tactics to get you to pay.

So i left it, then on the 13/04 the Brothers GF received the NTK. And passed it to me, i left the letter at home, but wanted to tell them i was the driver so they could just hassle me and send their big mean scary letters to me so i quickly jumped onto their website and grabbed their email from there (sales@solutionlabs) and sent them the notice number with my details and told them i was the reg. driver.

Heard nothing, and then on 14/5 they sent brothers GF another letter, this time from UCS (again a company part of Solution Labs) saying they are the collectors etc. I called them to tell them that i'd informed them they had the wrong person and to deal with me but they said it's too late and the liability is with them so pay up or they'll move forward.

Can i argue that i tired to make contact with this company, using the address on their website etc?

Thanks in advance,
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post Fri, 18 May 2018 - 09:24
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Jlc
post Fri, 18 May 2018 - 09:32
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QUOTE (stingray06 @ Fri, 18 May 2018 - 10:24) *
Got the notice on 11/03 on the windshield, but I'm aware that these "penalties" and "notices" etc. are just scare tactics to get you to pay.

Well that's not exactly true. Such parking tickets ARE potentially enforceable at court. However, this particular company isn't currently litigious.

QUOTE (stingray06 @ Fri, 18 May 2018 - 10:24) *
Can i argue that i tired to make contact with this company, using the address on their website etc?

One presumes they are attempting to engage 'keeper liability' under Protection of Freedoms Act? But the Act says that they cannot pursue the keeper if the name and serviceable address of the driver is known prior to court proceedings. Actually, they should delight in getting the driver details!!! (As this is the person forming the alleged contract)

Is this residential parking?


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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stingray06
post Fri, 18 May 2018 - 09:35
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QUOTE
One presumes they are attempting to engage 'keeper liability' under Protection of Freedoms Act? But the Act says that they cannot pursue the keeper if the name and serviceable address of the driver is known prior to court proceedings. Actually, they should delight in getting the driver details!!! (As this is the person forming the alleged contract)

Is this residential parking?


Thanks for your response.

Yeah residential. Technically they have an email somewhere at their company from me saying i was the driver. But they refuse to switch it to me and are trying to keep it with the Registered Keeper.

This post has been edited by stingray06: Fri, 18 May 2018 - 09:36
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nosferatu1001
post Fri, 18 May 2018 - 09:57
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Do they have a name AND address? simple yes or no.
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stingray06
post Fri, 18 May 2018 - 10:05
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For me, technically yes, but they haven't written to me or acknowledged that they have it all. They are continuing to contact the registered keeper
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nosferatu1001
post Fri, 18 May 2018 - 10:08
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There is no "technically yes"
If they were supplied with a full name AND serviceable address for the driver they MUST pursue the driver

Complain to the BPA WITH PROOF THAT YOU DID THIS and state the operaotr MUST be sancytioned, as they are unlawfully harassing the keepr despite having NO ability to pursue them under POFA.
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kommando
post Fri, 18 May 2018 - 10:10
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Do you still have a copy of the email you sent, if so the keeper just replies saying the driver has made themselves known and they should pursue the driver.

If its residential then the lease wording as the primary contract will be important and get a hold of the lease.
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