Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: FrqntCarUser on June 19, 2024, 11:26:59 am
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Without seeing the NtK, it is difficult to advise properly. If the station is owned by TfL or any other train operator, then it is likely to be land under statutory control, i.e. bylaws.
As it’s Saba that have issued it, it could be either a Penalty Notice (PN) or a Parking Charge Notice (PCN). Either way, under no circumstances should the drivers identity be revealed. All communication/appeals should be as the keeper.
As it is likely to be an invoice to the known keeper informing them that the unknown driver is liable, the fact is that they cannot rely on the provisions of PoFA to transfer the unknown drivers liability to the known keeper.
Because the unknown driver is always liable, the only way they can be identified is if the known keeper tells Saba, inadvertently or otherwise.
As the known keeper is under no legal obligation to identify the unknown driver, Saba are in a Catch 22 situation. They are hoping that the known keeper is low-hanging fruit on the gullible tree and will simply pay the unknown drivers charge or reveal the drivers identity, thus changing the liable party from unknown to known.
The next question is whether the NtK is a PN or a PCN. If the former, it will time out after 6 months. If the latter, Saba can try and take it all the way to court for up to 6 years after the parking event. More importantly, only the unknown driver can be liable unless the known keeper has identified themself to also having been the driver. Hence the advice not to identify the driver.
OP, do you see where we are going with this? Whatever mitigation you put forward, solely as the known keeper, does not matter as long as Saba cannot transfer liability to you, which they can’t, because they cannot rely on the provisions of PoFA to do so.
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This could be a case of a VRN input error and there is a appeal for this and could be at a reduced amount.
Given it's a train station and therefore potentially non-relevant land for PoFA purposes there's possibly an even better appeal.
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Post up a copy of the PPN with personal details redacted.
This could be a case of a VRN input error and there is a appeal for this and could be at a reduced amount.
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To help us to help you, please read the following thread carefully and provide as much of the information asked for as possible: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
It is the keeper who has received the notice to keeper, and the keeper who'll be handling any appeals.
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Hello All,
The Keeper has two cars in the household. Driver parked the car in one of London Barnet train stations.
Two applications are used on this car park, Saba and PayByPhone.
Car park has paid using the PayByPhone Application but of the two registered vehicles in the application the wrong car was selected.
Keeper has now received a Notice of Parking Charge to R.K. from Saba.
There is a correlation between the car park date and entry time on the NPC and payment time on the PBY App receipt - within few minutes.
All matches, except obviously the car model/reg number - as the wrong car was selected in the application.
Keeper would like to know if there is any point of trying to fight the ticket, any chance of winning a dispute and not wasting time and not wasting time.
The scan of the Notice of Parking Charge to registered keeper has not been uploaded as it's been assumed it's a standard one. The issue is the payment has been done using the application but wrong car had been selected in the application.
If the scan is required, please do let me know.