Free Traffic Legal Advice

Hi,

Hopefully followed the guidelines correct - apologies in advance if not!

PCN received by registered keeper (RK) from Euro Car Parks back in 2023. As per the instructions on the letter, RK responded back to notify them of the vehicle driver's (VD) details. After receiving another notice, responding to that again and then receiving final response notices, I tried to call them several times to discuss this but they refused to speak to me as the VD, as the PCN was not issued in my name. Their phone lines were only open from 9-5pm, during hours where the RK was unable to contact them due to work. I explained the situation and made it clear that there was no way the RK could call but they just outright refused to speak to me.

Everything then went quiet and no further letters were received, so I assumed they'd given up with it. But now 2 years down the line the RK has received a letter from DCBL (Direct Collection Bailiffs Ltd) regarding recovery of this outstanding amount.

I gather from reading some of the other threads on here that DCBL are powerless to enforce anything and should just be ignored. Should another letter be sent to Euro Car Parks to try and inform them of the VD again? In that case, and if they were to reissue in the VD's name, then what?

Alternatively if further letters are then received by DCB Legal, who I understand have more power to enforce, then what action needs to be taken?

Appreciate any advice.

Thanks

Can the registered keeper provide evidence that they supplied the driver's details to Euro Car Parks?

Copies of letters sent plus your evidence that these were the letters you posted will be fine, and from what you say they were definitely received given the subsequent comments from Euro Car Parks.
You’re off the hook.
Personally I’d ignore unless/until they’re silly enough to try and claim against you, at which point you can come back here for advice.

Thanks, I was wrong, I mis-read the original post with VDs and RKs, which was horribly confusing, but my fault.

First things first... What is the relationship between you, the Driver and the Keeper? The reason ECP refused to engage with you is because until the Keeper transfers liability by providing them with your name and address, they do not have to engage with an unknown person who admits to being the driver.

As far as DCBL is concerned, you (or the Keeper in this instance) can safely ignore them. Debt recovery agents are powerless except to try and persuade the low-hanging fruit on the gullible tree to pay upon out of ignorance and fear. Never, ever, enter into communication with a useless debt collector.

All the Keeper has to do to transfer liability away from themself to you, the Driver, is to send a letter to ECP (by email is fine) according to whatever it says on the Notice to Keeper (NtK). Once the drivers name and a serviceable address has been provided, their liability ends and the driver is then solely liable.

Whoever ends up being the liable party can easily defend this. It will go all the way to a court claim which, with our advice, is easily defended and will in due course be struck out or discontinued.

The reason for the first question about the relationship between the Keeper and the Driver is try and understand why the Keeper would want to proverbially throw you, the driver, under the bus?

You have no obligation to name the driver, whatever the initial PCN said. They want you to name the driver, hence they often pretend that you must do so.
Normally it is advantageous not to name the driver and to appeal as keeper that non-compliance with PoFA 2012 means that the keeper can not be liable. See more at https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
There is nothing to stop you corresponding in your wife’s name, with her consent, as registered keeper.
However if you want to name yourself as driver then come back when they take you to court in due course.
Posting the original PCN might be helpful also.

OP, whatever you do, this is how this will go if you want to fight it... irrespective of how you appeal it, whether as the Keeper or the driver, it will be rejected and also there is very little chance of POPLA agreeing either.

If you follow the advice and ignore all the useless debt recovery threats, they will eventually issue a claim. You defend it with our advice and eventually the claim will be struck out or discontinued.

So, in order to save e everyone a lot of time and efforts, you have to divide whether you are prepared to follow our advice and go all the way with this or pay up now.

So I'll write to them again (as the RK) informing them of my details as the driver and then follow the advice given.

How will you 'write to them (as the RK)'? Online is offered in the NTK, is this still an option?

We often recommend email, but it must be the RK's email, not yours. You have no standing in this matter, yet.