Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: jordanbarnes94 on December 05, 2024, 01:35:25 pm
-
I can't see many viable lines of defence from what has been posted so far personally. The appeal essentially admits to the breach they've issued the charge for.
It's clearly an honest mistake, but unfortunately that does not provide a defence.
-
Did you appeal in your own name as the driver? They may not accept it and still chase the named Keeper who has been issued the PCN. They are 1000% are not going to accept that or any appeal and trying the IAS will be equally fruitless.
The proper way to have dealt with this was to have used the transfer of liability instructions on the Notice to Keeper (NtK) and then they should have issued a new Parking Charge Notice (PCN) to you, as the driver, in your own name, which you could then try and appeal.
To be honest, unless there were problems with the signage that meant a valid contract could not be formed or other breaches of the Single Code of Practice (SCoP) or a contractual problem with the landowner agreement, I don't see this being winnable, even if it went to court.
I don't often say this but paying it at the "mugs discount" rate may be your best option unless others here disagree.
-
Thank you, I have uploaded the image again without the name and address.
-
I have removed that third image... You may wish to remove your mother's name and home address before uploading to a public forum.
-
Today
I receieved my mother, the registered keeper of a vehicle, received a letter demanding £60 for failing to pay for parking between 3:09pm and 3:37pm on 24/11/2024. If it is not paid in 14 days the amount increases to £100. I just submitted the following as an appeal (at which point I also gave my details, as driver of the car):
I am appealing this parking charge notice on the grounds that my failure to pay was an honest mistake and I have attached proof that I attempted to make payment. However, at the time I tried to pay there were insufficient funds on the card I used and it wasn't until the next day that I realised this, by which point I felt it was too late to do anything. This was not a deliberate attempt to avoid paying, I have in fact used this car park once previously and sucessfully paid for my parking on that occasion. I am offering to pay £3.21 which includes the original amount of £3.20 plus a late payment fee of £0.01 which would be the interest accrued over 30 days at the Bank of England base rate.
I don't know if they will accept my 'honest mistake' excuse, but what I wrote above is all true.
If this appeal is rejected, then I can still pay the reduced fine within 14 days. However, I then have the option to raise this to an independent appeals service (https://www.theias.org/) but if I do so I forfeit the ability to pay at the reduced rate.
Do you think I stand any chance at succesfully appealing this with the IAS, in the event that my inital appeal fails? I'm thinking I've already handled this suboptimally.
I also attach both sides of the parking charge notice, and the screenshot I sent them in my appeal.
(https://i.imgur.com/eLKSE2r.jpeg)
(https://i.imgur.com/EBwuFC1.jpeg)
(https://imgur.com/pL34VxL.jpeg)