Name Driver on PCN

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luxardo
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#1 Name Driver on PCN

Post by luxardo » 20 May 2017 09:26

If I understand correctly you must name the driver (if it wasn't you) if you get penalty charge notice for parking on public land within 28 days or you (the keeper) are liable ?
But if you get a parking charge notice for parking on private land, totally ignore it and they eventually take you to the county court, can you claim you were not the driver at this stage even though 28 days have passed ?

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jasonDWB
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#2 Re: Name Driver on PCN

Post by jasonDWB » 20 May 2017 09:40

Your post says you are from Kazakstan. This forum is for users in England and Wales.
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luxardo
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#3 Re: Name Driver on PCN

Post by luxardo » 20 May 2017 10:00

As I have explained in previous posts, I work in the international oil industry and spend a lot of time abroad. I am a UK citizen and I live and pay tax in the UK

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jasonDWB
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#4 Re: Name Driver on PCN

Post by jasonDWB » 20 May 2017 11:15

If you name a driver in Kazakhstan, the private parking companies cannot take you to court in the UK.
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luxardo
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#5 Re: Name Driver on PCN

Post by luxardo » 22 May 2017 09:23

I just happened to be physically and geographically outside the UK at the time of posting to this forum, my query relates to UK law.
My question was, does the fact you have totally ignored all correspondence up until receipt of a county court summons bar you from using the fact you were not the driver as a defence ? Or would you be liable as you have not stated this earlier ?

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jasonDWB
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#6 Re: Name Driver on PCN

Post by jasonDWB » 22 May 2017 10:53

No it doesn't, because you, the defendant/registered keeper of the vehicle and not the driver attracting the charge, complied with Paragraph 9(2)(b) of Schedule 4 of the Protection of Freedoms Act 2012 by telling the driver he is required to pay the parking charge.
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luxardo
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#7 Re: Name Driver on PCN

Post by luxardo » 23 May 2017 07:35

Paragraph 5 (2) of the act seems to contradict what you are saying Jason ?? And in fact Paragraph 9 (2) (f) makes it clear that the keeper is liable after 28 days ? Your thoughts ?

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jasonDWB
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#8 Re: Name Driver on PCN

Post by jasonDWB » 23 May 2017 12:08

Unless he does not know who the driver is.
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