Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: MGaliya on June 04, 2024, 04:34:32 pm
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A final demand is of no use to us in checking whether the original NtK was compliant with PoFA to enable the PPC to transfer the liability from the "unknown" driver to the "known" keeper. Unlit or unless we know that, any response must be only as the keeper. There is no obligation for the keeper to reveal the identity of the driver.
Even working back from the dates on the reminder, assuming it was sent 28 days earlier, which would have been the 27th April and the alleged contravention dated 16th April, that would mean that the original NtK was "given" on the 14th day which would make it PoFA complaint as far as dates were concerned.
What you describe about the failure to issue initial NtKs is a common practice by these scammers (Hansard). The fact that it has happened for a friend at the same location is circumstantial evidence and difficult to prove anything.
Have you been on the website as though to appeal and seen all the evidential photos they have?
I am not familiar with the PPC but have seen a few cases where they went to litigation. Fortunately, the judge in the last case (September 2023) I could find, the judge found in favour of the defendant because the defective signage. Sign text too small (Judge appreciated the irony of needing to stop to read a No Stopping sign). No signs at point of entry to the street to show its different status. Sign was positioned on same post as a No Entry sign to an adjacent street so looked like it referred to the other street.
For now, you are in a limbo and must weather the storm of useless DRA letters. you can safely ignore those. Come back if/when you receive a Letter of Claim that gives you no less than 30 days to pay or go to court.
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I Received a parking ticket Yesterday (03/06/2024) for a parking offence dated 16/04/2024 for not parking in a designated bay in the car park. I did pay for a ticket however my offence is for not parking in the bay.
However the letter I have received is a 'final notice' letter and I have not received any letter before this. I double checked all my mail from the date of the offence until now and can confirm there was no previous notice sent. I also have a friend who had the same situation happen to him so I know its not just me losing the notice and can believe this is the first notice sent to me.
As this is the 'final notice' the letter demands I pay the full overcharged amount (almost 3x the reduced amount) as well as having lost the right to appeal due to it being later than the appeal window.
the date of incident is 16/04/2024 and the date of sending the letter is 25/05/2024 which is over the 28 days pcn issuing time which I have read online, if that helps.
what can I do about this?
I've included pictures of my notice and Pictures of their signage which I could find online, I think the pictures of the signage are a little outdated (they've gone under a new management) but I'm sure the rules are the same
https://imgur.com/a/rrSTy1v
If there's anything else you need do let me know
Thanks