Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: ahsan on March 28, 2025, 09:50:49 am

Title: Re: PCS - Parked in no parking area
Post by: ahsan on April 08, 2025, 01:09:12 pm
Hi b789,

I hope you are well and having a good week.

We have a result they've cancelled the PCN, I received this email today:
========================================================================
"
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
"


b789 again thanks for your prompt help.
Title: Re: PCS - Parked in no parking area
Post by: ahsan on March 31, 2025, 02:44:07 pm
HI b789,

Thanks for your reply I've used your text and appealed today.

Appealed using their email address:
enquiries@parkingcsl.co.uk

The portal(https://www.parkingcsl.co.uk/appeals/form.php) doesn't work tried multiple times and even used different systems and throw errors when you try to submit appeal:
https://drive.google.com/file/d/1UijW1EW6Lv7FtKyDsvtvDfPYKQhjRA4g/view?usp=sharing

They have still not uploaded any evidence pic or video and portal still show the loading spinner:
https://drive.google.com/file/d/1tgV-1XgZ_SvJq45VPv2CXHQ7Jl-Rg_R1/view?usp=drive_link

Ill share the outcome of appeal when I receive from them.



Title: Re: PCS - Parked in no parking area
Post by: b789 on March 28, 2025, 04:08:09 pm
Appeal only as the Keeper. 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:

Quote
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. PCS 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. PCS have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

When they reject it, you will receive a POPLA code where you can make a comprehensive secondary appeal. Whether POPLA accept it or not doesn't matter as this will never make it all the way to a hearing in a court claim as they will discontinue.
Title: PCS - Parked in no parking area
Post by: ahsan on March 28, 2025, 09:50:49 am
Hi Wizards,

I have received a parking ticket couple of days before by post from Parking Collection Services(Never heard of them before).

That I parked in a no parking area. I do remember I bought something on FB marketplace and was parked in the corner of a street waiting for that person to come and handover the item to me I was parked at the corner on I believe double yellow lines at nigth time(We do have blue badge and it was on the dash the whole time I was parked there).

This is the GSV where I believe I was parked:
https://tinyurl.com/2u3r96cn

When I try to view the PCN instead of showing the video or pic it show a loading image:
https://array.debtrecoveryplus.co.uk/PayPen/PCNWelcome.aspx

Ticket can be seen in the GDrive:
https://drive.google.com/drive/folders/1DaUNv3AX3VGuD0NCGtu4_FQwkxEOK5mJ?usp=sharing

I was parked on the road not on the building property front land not sure why I was served the ticket.

Can you please share your thoughts what should I do now?

Thanks.