Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: Ravenelli on January 24, 2025, 04:00:46 pm

Title: Re: Parking charge from PCS, paid for but maybe parked in wrong spot
Post by: DWMB2 on February 10, 2025, 07:01:08 pm
Good result! Thanks for the update. Keep hold of that email - if they send anything else, tell them to stop!

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I wanted to ask if there is any way I can thank the community of expert members or website via a donation?
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Title: Re: Parking charge from PCS, paid for but maybe parked in wrong spot
Post by: Ravenelli on February 10, 2025, 06:36:39 pm
Woo-hoo! Success!!
Received the following email last week...sorry for the delay in updating:

Parking Charge Number:

Thank you for your email regarding the above Parking Charge.

After carefully considering the case, we have cancelled the above parking charge on this occasion. I have noted our records to ensure that we do not send any further letters about this parking charge.

Kind Regards


(Although a follow-up letter was received advising debt recovery action will be taken, date stamped the day after the email above received)


Thank you for your guidance, and in helping us all. I wanted to ask if there is any way I can thank the community of expert members or website via a donation? I did search the site, and Google, but couldn't find anything.
Title: Re: Parking charge from PCS, paid for but maybe parked in wrong spot
Post by: DWMB2 on January 25, 2025, 03:53:17 pm
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Does this affect my repsonse at all?
Her response. The appeal needs to be in her name.

No, the appeal I provided is fine.
Title: Re: Parking charge from PCS, paid for but maybe parked in wrong spot
Post by: Ravenelli on January 25, 2025, 03:18:22 pm
Hi, one thing I forgot to add, and for complete transparency: my mum, the owner of the vehicle and V5 doc holder was in the vehicle with me at the time I parked up and when I left. Does this affect my repsonse at all?
Thank you, and apologies for not mentioning this earlier
Title: Re: Parking charge from PCS, paid for but maybe parked in wrong spot
Post by: Ravenelli on January 24, 2025, 09:26:37 pm
This is awesome, thank you spo much! Will keep this post updated with any response
Title: Re: Parking charge from PCS, paid for but maybe parked in wrong spot
Post by: DWMB2 on January 24, 2025, 08:14:21 pm
In which case, she can appeal along the lines of the below... She is appealing as the keeper only.

Dear Sirs,

I have received your Parking Charge Notice (Ref: ________) for vehicle registration mark ____ ___, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so.

There is no obligation for me to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,

If appealing online, be careful there are no drop down/tick boxes that cause you to identify who was driving, and keep a close eye on your spam folder for their response. If they do not respond within 28 days, chase them.

You can help/submit for her with her permission, but the appeal must be in her name.
Title: Re: Parking charge from PCS, paid for but maybe parked in wrong spot
Post by: Ravenelli on January 24, 2025, 08:04:54 pm
Thank you for your updates, the way how you all know your way to navigate the laws is fascinating!
The owner is my mum, the registered keeper nd V5 document in her name...and yes, she / I will definitely follow the advice given  :)
Title: Re: Parking charge from PCS, paid for but maybe parked in wrong spot
Post by: DWMB2 on January 24, 2025, 06:42:36 pm
We could still do with knowing their connection to the vehicle as per my previous post however as b789 rightly notes, either way they'll have a way to avoid liability.
Title: Re: Parking charge from PCS, paid for but maybe parked in wrong spot
Post by: b789 on January 24, 2025, 06:27:31 pm
You should let the Keeper know that they cannot be liable for the charge because the Notice to Keeper (NtK) is not fully compliant with all the requirements of PoFA.  If they decide to transfer liability to you as the driver, then you are exposed.

Is the person you borrowed the car from a friend? If so, can you persuade them to follow the advice we give here and not throw you under the bus by identifying the driver?

If our advice is followed, no one will be paying a penny to PCS.
Title: Re: Parking charge from PCS, paid for but maybe parked in wrong spot
Post by: DWMB2 on January 24, 2025, 04:54:38 pm
In which case, they are the ones who need to respond, you can't at this stage as you are not the one being pursued. What is that person's relationship with the vehicle? Are they the registered keeper, with the V5C document in their own name, or is it a lease/finance vehicle?
Title: Re: Parking charge from PCS, paid for but maybe parked in wrong spot
Post by: Ravenelli on January 24, 2025, 04:41:15 pm
Quote from: DWMB2 on January 24, 2025, 04:12:46 pm
Firstly, to whom is the notice addressed? You, or the person you borrowed the car from?

Afternoon, notice is addressed to the person I borrowed the car from.
Title: Re: Parking charge from PCS, paid for but maybe parked in wrong spot
Post by: DWMB2 on January 24, 2025, 04:12:46 pm
Firstly, to whom is the notice addressed? You, or the person you borrowed the car from?
Title: Parking charge from PCS, paid for but maybe parked in wrong spot
Post by: Ravenelli on January 24, 2025, 04:00:46 pm
Hi, was driving a vehicle belonging to someone else (legally!) and parked up in what I believed was a paid-for parking spot. I paid the amount due, however received a PCN last week for an infringement.
Went back to the parking area to check - offices / flats - and I had parked in a bay which may have been outside the permitted area but this was not clear at all. Seems as I was in a small area outside the public parking space, there was no signage to indicate no parking where I was, in fact there were several bays with other cars.
Please see images, could I ask for the community help in next steps please?

https://imgur.com/a/yTVM1Mc