Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Inkytog on August 19, 2024, 02:24:30 pm
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Plan A, a complaint to the landowner or whoever contracted the PPC is always the easiest option. For future reference, until advised otherwise, never, ever identify the driver. All comms must be as the keeper.
The keeper has, in most cases, more protections than the driver, who is always liable. Throwing your other half under the proverbial bus, was a mistake.
Also, there is no such thing as a “registered owner”. If you need confirmation, go have a look at your V5C and check it has the following printed in big white letters on the front:
“THIS DOCUMENT IS NOT PROOF OF OWNERSHIP”
(https://i.imgur.com/2jKmta8.jpeg)
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You need to be clear who is sent what,
1/ The new PCN was addressed to you or your wife?
2/ The person named on each letter is the person they believe is liable. So did they send YOU the POPLA code or your wife? If they sent it to you (as you state) then you have a great appeal point in that it's nothing to do with you anymore!
For the future, it's generally a bad idea to give away the driver ID without understanding the full situation, not least in that in many cases if you don't tell them who was driving they have no valid claim against the keeper and no idea who the driver was who they may have a claim against.
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PCN sent to me (registered owner)- I filled in the appeal and explained wife was driving.
New PCN sent to same address but addressed to my wife with the POPLA letter in the same envelope
They stated that I am liable for the PCN as registered keeper unless I tell them otherwise.
AND an update - I emailed the school and sent them what I had sent to Parkingeye.
I received an email a couple of days later saying they are going to tell Parkingeye to cancel the PCN and apologised.
I suspect they are not wanting to upset Powerleague football pitch users who must contribute a decent sum of cash to the school's land - also the fact that Powerleague users get free parking (as long as they register at the terminal) whereas the other users need to pay..
Perhaps there is some humanity left in the world? Let's see if/when Parkingeye send me the official letter of cancellation.
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What happened was I was sent the PCN as the keeper - when I filled in the appeal online I told them she was driving and the whole reason why I think it should be appealed (see PDF of their reply)
I then re-appealed and asked them if they have the initial information I gave.
I heard nothing but then received a new PCN which is exactly the same but with my wife's name on it.
Now they sent me the POPLA reference letter etc as 'they are not in receipt of sufficient evidence to confirm that the terms and conditions were not breached', unsuccessful appeal and reached end of internal appeals procedure.
You need to be clear who is sent what,
1/ The new PCN was addressed to you or your wife?
2/ The person named on each letter is the person they believe is liable. So did they send YOU the POPLA code or your wife? If they sent it to you (as you state) then you have a great appeal point in that it's nothing to do with you anymore!
For the future, it's generally a bad idea to give away the driver ID without understanding the full situation, not least in that in many cases if you don't tell them who was driving they have no valid claim against the keeper and no idea who the driver was who they may have a claim against.
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Here’s the scans of the PCNs.
https://imgur.com/a/g1sCAXZ
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This thread provides instructions on using third party sites to upload images: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
If it's a document (PDF etc.) then you might need to use something like Google Drive or DropBox, but be sure to use one that lets people view files in browser without downloading.
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ok so here's the original letter and the reverse.
What happened was I was sent the PCN as the keeper - when I filled in the appeal online I told them she was driving and the whole reason why I think it should be appealed (see PDF of their reply)
I wasn't throwing her under the bus - oddly we live together and we will share the blame/burden in life for things like this.. anyway..
I appealed.. they replied with an email and PDF about the issue.
I then re-appealed and asked them if they have the initial information I gave.
I heard nothing but then received a new PCN which is exactly the same but with my wife's name on it.
Now they sent me the POPLA reference letter etc as 'they are not in receipt of sufficient evidence to confirm that the terms and conditions were not breached', unsuccessful appeal and reached end of internal appeals procedure.
I've tried to upload the pdf's and the message says 'uploader full' please contact administrator. They are only 500Kb in total
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Merged. Please keep all posts about a single parking charge in the same thread.
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Why are there two threads on the same topic?
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Show us the original PCN (Notice to Keeper (NtK)) you received. There are a few locations that PE don't issue PoFA compliant notices.
It sounds as though you have appealed as the keeper and not identified the driver apart from blabbing that it was your other half who must be very grateful for attempting to throw her under the bus. The driver is always liable, irrespective of PoFA or not. If the NtK is not fully compliant with all the requirement of PoFA, then they cannot transfer liability from the unknown driver to the known keeper.
Because PE have asked for the identity of the unknown driver, it is possible that they are not allowed to issue PoFA compliant PCNs at the location. We won't know until we see the original NtK.
Have you received a formal rejection of your appeal with a POPLA code? When you appeal to POPLA they will care not one iota about ANY mitigating circumstances to don't even go there with them. They will only assess your appeal to see whether the PCN was issued correctly and will only look at relevant law and the BPA (or joint) Code of Practice (CoP).
Please stop referring to it as a "fine". It is precisely this ignorance of the difference between a speculative invoice for an alleged breach of contract by the driver and a "fine" or a "penalty" issued for an "offence" by an "authority" that makes their scheme so profitable because most people simply go into a panic when they imagine "fine" and start mistakenly imagining bailiffs and CCJs. They rely on the low-hanging fruit on the gullible tree to imply capitulate and pay them, especially if they mistakenly believe that they have received a "fine", which this is nothing of the sort.
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Obviously another PE nonsense threat of a PCN.
We received this PCN and appealed. They then were asking who was the driver, so I resubmitted and also asked them to confirm they have the original appeal information.
On the day of the fine - the wife drove into the car park, then dropped off the kid. Left the car park and returned to collect him.
No issue with the drop off it seems but they clocked her being in the car park for 34 minutes when she went to collect.
He was playing soccer. The Powerleague share the same car park and they went to wait for the kid to finish. He was late, they left. We get the PCN.
So I appealed. My folks were in the car, they are Blue badge holders. Apparently (according to the signage I downloaded from the school website) there's not mitigation for blue badges.
They have a terminal to register the car when leaving it inside Powerleague office. We didn't know this existed.
I have offered a suggestion that my son entered the wrong reg plate by mistake - but even so we didn't see this as parking as they were were in the car - I now have learnt that it's not relevant if you're in the car or not. However I was hoping they would cancel this due to the blue badge holders there AND the fact that they didn't leave the car OR need to move it to stop obstructions.
I have not heard back from them - seems like they do things by letter from the appeal onwards (even though I got an automatic email response) so how do they prove they have sent or not sent any correspondence?
The school is closed for the summer but I can try and get them to lift the PCN. Looks from another thread they shrug it off and say it's not their issue.
This is what I sent them (Parkingeye)
I re-sent an appeal for this fine as you requested to know the actual driver. I have not received anything other than an email confirmation telling me that the appeal had been received. This was several weeks ago.
I believe that you may have missed the reason for the appeal as I had to re-submit. I will re-detail the reasons now.
My wife was driving and was with my parents. Both Blue badge holders and unable to walk far. I have attached my father's badge.
They did not leave the car - our son was late in finished football at the Powerleague pitches at the back of the school.
They pulled into the school, and Waited in the car park. As they have done countless times over the years.
They did not see any signage, they did not leave the car. They dropped off our son earlier and left the car park.
Apparenly there is a terminal to enter the reg plate but they didn't get out of the car and therefore didn't know this existed. My son said he entered the reg plate but it seems to have been entered incorrectly or perhaps the system was not working on this day as it was a weekend - the school was closed.
They only waited for him to get changed and back in the car. My parents were in the car with their blue badge. If they were blocking they would have moved but they did not cause any obstructions.
They didn't leave the car, they did not see any signs saying to use a terminal - they never left the car to see the signs.
My parents are elderly and this is also causing them undue stress as they feel responsible for the parking charge
We would like to appeal the charge based on:
not seeing the signs
blue badge holders
not leaving the car (not parked and left)
possible incorrect entry into terminal by a child
not aware there was a terminal at all until he got into the car on leaving the car park
Stress to elderly parents
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Is there any way to claim we didn't receive the follow up letters? There was no email confirmation.. and after the appeal how do they know the address is correct and we even would have received the letters if they're not signed for?
You mean by lying?
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I've re-appealed - it's a complete con and scam in that they ask you to register on a terminal but if you dont get out of the car and dropping off kids etc why would you even think about this?
I've asked them again - sent the following to them. I wonder if there is anything else I can do about this.
The issue is that they will claim there's plenty of signage. I think the signs are relatively new as I've not been for short while and dont remember seeing them before.
I re-sent this:
My wife was driving and was with my parents. Both Blue badge holders and unable to walk far. I have attached my father's badge.
They did not leave the car - our son was late in finished football at the Powerleague pitches at the back of the school.
They pulled into the school, and Waited in the car park. As they have done countless times over the years.
They did not see any signage, they did not leave the car. They dropped off our son earlier and left the car park.
Apparenly there is a terminal to enter the reg plate but they didn't get out of the car and therefore didn't know this existed. My son said he entered the reg plate but it seems to have been entered incorrectly or perhaps the system was not working on this day as it was a weekend - the school was closed.
They only waited for him to get changed and back in the car. My parents were in the car with their blue badge. If they were blocking they would have moved but they did not cause any obstructions.
They didn't leave the car, they did not see any signs saying to use a terminal - they never left the car to see the signs.
My parents are elderly and this is also causing them undue stress as they feel responsible for the parking charge
We would like to appeal the charge based on:
not seeing the signs
blue badge holders
not leaving the car (not parked and left)
possible incorrect entry into terminal by a child
not aware there was a terminal at all until he got into the car on leaving the car park
Stress to elderly parents
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What "fine". Show us the word "fine" or "penalty" or "offence" in the PCN and I'll pay it for you. It is precisely that mentality that the likes of PE and all the other vermin that infest carparks that makes them so profitable.
As an unregulated private parking company, they issue a speculative invoice for an alleged breach of contract by the driver and when the keeper receives the Notice (invoice), they enter panic mode and imagine "fines" and "penalties" and "offences" and debt collectors and CCJs without having any understanding of the process or how to properly deal with it.
The OP has not been back to bother updating us on the advice they received. Perhaps you should have a read of the advice and try the various plans discussed and let up know how you get on. However, please start your own thread so as not to get it all muddles and confused with other users issue.
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I think you may be going too far down the rabbit hole of thinking this has any legitimacy. Of course it was rejected - these people are despicable cowboys who depend on people believing that they have a right to "fine" them.
Unless you can get the school to have it cancelled on your behalf then it is (and always was) going to be a case of:
- POPLA appeal (hit or miss, but ultimately meaningless)
- Ignoring their spam mail threats until they send you actual court papers (or, more likely, don't). If this were to happen it is a lot less daunting than you probably think, and you'd just come back here for further advice on how to deal with the next stage of the scam.
Others here are far more knowledgeable than me, I just speak as someone who has recently weathered this process intact!
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Same thing happened here - appealed and rejected. The kid was playing football on the astro there and he was late so we got clobbered for a fine even though we didn't leave the car and even more annoying is that my father was with us with his blue badge. Seems unless we're in it for the long haul..
Is there any way to claim we didn't receive the follow up letters? There was no email confirmation.. and after the appeal how do they know the address is correct and we even would have received the letters if they're not signed for?