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PCN Company not accepting transfer of liability through appeal or email
NomiTheBomi
post Tue, 30 May 2023 - 16:35
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Hi,

I received a PCN from Premier Parking Enforcement Ltd who also seem to be known as Premier Parking Logistics. A friend took my car to Birmingham and parked in a car park who have now sent me this PCN.

I made an online appeal as I was not the driver and also gave them the drivers details and address. They have sent me an email today saying I need to post back the letter they sent me with the drivers details and that they won't accept transfer of liability unless they receive the letter they had sent me with the drivers details and with it being signed, in the post.

Is this a thing? Do I really have to pay for postage and send back a letter or do they have to accept the transfer of liability now that they have received the drivers details through the appeals form and by email?

Thank you in advance to anyone who replies and can advise me further

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post Tue, 30 May 2023 - 16:35
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hcandersen
post Tue, 30 May 2023 - 16:42
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What's your problem, unless of course the driver will not accept that they were driving?

'Driver' means the person engaged in the driving of the vehicle, not someone who you say was so engaged but who would deny they were.
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NomiTheBomi
post Tue, 30 May 2023 - 17:12
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QUOTE (hcandersen @ Tue, 30 May 2023 - 17:42) *
What's your problem, unless of course the driver will not accept that they were driving?

'Driver' means the person engaged in the driving of the vehicle, not someone who you say was so engaged but who would deny they were.


I would like to know if I have to send the letter back with the drivers details and if the driver doesn't pay the parking fine then what will happen to me as I'm the registered keeper
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Albert Ross
post Tue, 30 May 2023 - 17:21
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(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

How can you return a notice if you were to comply with the Schedule to POFA?

Ultimately it would be for a judge to decide if you have discharged you liability, or if you ever had any.


--------------------
The owl of Minerva spreads its wings only with the falling of the dusk.
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jfollows
post Tue, 30 May 2023 - 18:33
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QUOTE (NomiTheBomi @ Tue, 30 May 2023 - 18:12) *
QUOTE (hcandersen @ Tue, 30 May 2023 - 17:42) *
What's your problem, unless of course the driver will not accept that they were driving?

'Driver' means the person engaged in the driving of the vehicle, not someone who you say was so engaged but who would deny they were.


I would like to know if I have to send the letter back with the drivers details and if the driver doesn't pay the parking fine then what will happen to me as I'm the registered keeper

You don't have to do anything.
The ball is in your court, it's up to you to decide what to do.
You could
1. Reply to their email and tell them that since you've given them the information they need to contact and pursue the driver, you consider the matter closed. If they subsequently decide to continue to pursue you as the registered keeper it is likely that they wouldn't succeed in court, but you never know, and you are opening yourself to the hassle of having to defend your position in court.
2. Do as they ask, and then forget about it.
Once they accept they know the driver, you're off the hook, and it doesn't matter whether or not the driver pays up in the end.
In your place I would write to them as they ask, give them the information you've already given them, and sign as registered keeper.
But you don't have to. It's up to you.

This post has been edited by jfollows: Tue, 30 May 2023 - 18:41
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hcandersen
post Tue, 30 May 2023 - 19:22
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@Albert Ross, with respect you're missing the point. The reference to which you referred is simply something a NTK is to include, that's it. A creditor is NOT prohibited from pursuing a driver simply because the keeper didn't pass the NTK.

OP, if you want to play silly b*****s, then go ahead. But if you're objective is to get yourself off the hook by passing the buck to and naming the driver, then what difference does it make to you which process you follow?



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jfollows
post Thu, 1 Jun 2023 - 10:05
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The OP appeared briefly on a new thread yesterday to state that he/she was trying to pay PPE because the driver had handed over the money to them, which circumvents the issue raised here.
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hcandersen
post Thu, 1 Jun 2023 - 10:09
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Good news for the OP.
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