Free Traffic Legal Advice

Good afternoon all,

I had a PCN in Feb 2023 (Can't remember who issued it now ) and replied saying wasn't the driver (I really wasn't) following advice on a previous forum.

Heard nothing else then out of the blue today have hadm DCBL letter giving 14 days to pay £170!

Any advice would be appreciated.

Many thanks

Thanks for a quick reply

This is new to me so apologies but how do I upload a redacted letter please.

Thank you

If you identified the driver to Euro Car Parks then they have to pursue the driver, not you. Any evidence that you did so at the time will be helpful, of course.

If you have copies of the letters you sent that will be helpful. Ignore DCBL but prepare a defence based on the letters for when you get a court claim. If you identified the driver you are not liable. Their statement that you remain liable is likely to be untrue. They just want an easy victim.

See

9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

(c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;

(d)specify the total amount of those parking charges that are unpaid, as at a time which is—

(i)specified in the notice; and

(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));

(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;

(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;

so if you told them too late it’d be important to see the original PCN.

Send the SAR to Euro Car Parks to obtain the original PCN.