Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: jedi on December 05, 2024, 10:00:49 am

Title: Re: Ocean Parking, Failure to Pay for duration of stay
Post by: DWMB2 on December 05, 2024, 06:16:44 pm

If you want help fighting your case, it's probably best not to take the p*ss of one of the three regular posters on this part of the forum for making a minor mistake, whilst trying to clarify whether you are the registered keeper (a point you omitted form your opening post). Wind it in.

I have deleted the noise from this thread.

We are wary of general references to 'my' vehicle... Plenty of people who have cars on finance refer to them as 'my car', despite the RK invariably being the lease or finance company.

Photos of the signage would be useful, particularly any around the disabled bays.

Title: Re: Ocean Parking, Failure to Pay for duration of stay
Post by: jedi on December 05, 2024, 02:47:47 pm

No idea where you are getting owner from? But MY vehicle implies mine as RK and the driver is someone else, as in not me?.

Title: Re: Ocean Parking, Failure to Pay for duration of stay
Post by: b789 on December 05, 2024, 02:36:34 pm

Please clarify: "The owner of my vehicle has received a PCN". The "owner" is not a term that is used in these matters. The "owner" can be anyone, anywhere.

What is important, is to know who is the Registered Keeper (RK). It is the RK who has received the postal Notice to Keeper (NtK). It is the Driver who is liable. The RK and the Driver are two separate legal entities. Whilst the Driver is always liable, the RK may pr may not be.

The unregulated private parking company does not know the identity of the Driver. The RK is under no legal obligation to identify the driver. The RK can only be liable if they admit to also being the Driver, inadvertently or otherwise, or the RK can also be liable if the Parking Charge Notice (PCN) is fully compliant with all the requirements of PoFA.

So, the PCN has been issued as a postal NtK to the RK. So, what is your status in the matter which needs clarifying before advice can be given. Are you the "owner" and meant to say the RK and the Driver was someone else?

Title: Ocean Parking, Failure to Pay for duration of stay
Post by: jedi on December 05, 2024, 10:00:49 am

Hi once again the driver of my vehicle has recieved a PCN from these in less than a month, this time for failure to pay for duration of stay. The driver a Blue Bage owner was now aware they have to pay while using the Disabled Parking on this site. what is the best course of action

thanks.

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