Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: etc on August 22, 2024, 03:32:22 pm
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Immediately edit that so as not to give away the relationship between the keeper (who it's addressed to and who may not be liable at all) and the driver.
The driver (no I, we, he or even the dog) drove that day, you deal with the matter as keeper.
PoFA protects the keeper, not the driver, if you tell them who was driving there is no protection, please modify that post!
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Easy one to defeat
Although potentially not a quick one to defeat. So that you're going into this with your eyes open, EPS will probably reject your appeal, because they can.
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Easy one to defeat... as long as the unknown drivers identity is not revealed. There is no legal obligation on the known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the unknown driver and no inference or assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known keeper.
Use the following as your appeal. No need to embellish or remove anything from it:
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. EPS has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. So you are urged to save us both a complete waste of time and cancel the PCN.
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Immediately edit that so as not to give away the relationship between the keeper (who it's addressed to and who may not be liable at all) and the driver.
The driver (no I, we, he or even the dog) drove that day, you deal with the matter as keeper.
Please read the 'Read Me first' sticky and do as it asks, lets see the notice. https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
Are you the registered keeper, details up to date on the V5c registration document (don't think, check).
I have now uploaded images of the PCN and I am the registered keeper
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Immediately edit that so as not to give away the relationship between the keeper (who it's addressed to and who may not be liable at all) and the driver.
The driver (no I, we, he or even the dog) drove that day, you deal with the matter as keeper.
Please read the 'Read Me first' sticky and do as it asks, lets see the notice. https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
Are you the registered keeper, details up to date on the V5c registration document (don't think, check).
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Besides the fact that this is an unregulated private parking company issued PCN for parking/stopping on private land, have you read what the Highway Code actually says about double yellow lines?
Please read the Read this first thread: https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ and show us the PCN making sure to leave all dates and times visible.
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Good afternoon,
Today, in the post, I received a letter from Euro Parking Services stating I was parked on a double yellow line for 4 minutes.
The date of the contravention was 11/07/2024 over 39 days ago, but it was posted out on 19/08/2024, from everything that I can see on it, it isn't sent with POFA.
I was no less than 4 metres away from the gates of my workplace. Do I have any sort of case, given that they have taken so long to send this out to me?
Thanks in advance for any sort of guidance and help!
(https://i.imgur.com/EDLy1r8.jpeg)
(https://i.imgur.com/edhf6Oo.jpeg)