Free Traffic Legal Advice

Ok so I use this train station car park a lot and this one day forgot to pay by Ringo. As soon as I remembered I paid but that was in the afternoon and I parked in the morning. A few days later this arrives:

https://i.ibb.co/zhHpHfWS/Capture1.jpg
https://i.ibb.co/sYcg7vJ/Capture2.jpg

I then replied using my "standard wording" for private companies which usually results in them cancelling, not this time though.

My wording:

I have just received your PN xxxxx for vehicle VRM xxxx

The car park appears to be not relevant land as defined by paragraph 3 of Schedule 4 of The Protection Of Freedoms Act 2012, being subject to byelaws. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

Even if it were relevant land, you have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

They have now written back rejecting the above with only option they say being to pay or go to POPLA with an appeal. Their letter:

https://i.ibb.co/S4ZZYBVf/Capture3.jpg
https://i.ibb.co/rG95kG5D/Capture4.jpg

Can I ignore or do I need to appeal as they suggest?

TX.

@cp8759

Hi there. Have I run out of options so just need to pay the £55? Last day to pay that is Monday next week.

Just for the benefit of H C Andersen the NTO was never received, not by email and not by post.

TX.

I'm unclear. Do you accept that you cannot insinuate yourself into these proceedings or not?

I do but they will never know as there are no face to face meetings. Even if there were, my son lives at home so I'd just take him along.

TX.

Sorry OP, you were wrong.

The NTO makes clear: do not pass to the driver, the recipient only may make reps.

As you say, phoning the council is necessary, for all we know they could simply have disregarded what you submitted.

Ok understood, didn't realize that at the time.

TX.

Are you the owner of the vehicle: No

?

Was the NTO addressed to you? (if so you are the 'owner' at this stage.)

If it was not addressed to you, then the person to whom it was addressed should have signed off the reps. 

Pl clarify.

Hi there.

It is my sons car with me driving it on the day; he still lives at home so letters would come there. Just about to call them as cp8759 has suggested.

TX.

Odd this as I contested it, then heard nothing for ages and now they have sent a Charge Certificate having received nothing in between. See below:

https://ibb.co/sjDQxnF
https://ibb.co/Nxcgvqy

Sounds bad. Can anyone help?

TX.

Edit - below is what I sent contesting it (this is the copy they sent me of what I sent them) and as I say they never replied and/or I never got a reply until today.

Contest a Penalty Charge Notice

Dear xxx

Your form has been submitted.

Your case will be placed on hold until you hear from us.

If you need to contact us in the meantime, please quote your PCN notice number and vehicle registration number. To find out more about the appeal process, visit www.richmond.gov.uk/how_to_appeal_pcn

Your reference: FS-Case-641738628

Notice number: RT42129100

Vehicle registration: xxx

Date of issue: 30/05/2024

Location: BROOM PARK TEDDINGTON (CPZ X1)

Explain why you think the PCN should not have been issued: The alleged contravention did not occur

Upload copies of any supporting evidence:

Your details

Title: Mr.

First name: xxx

Last name: xxx

Initials: x

Email: xxx

Address

Postcode:  xxx

Select the address: xxx

Are you the owner of the vehicle: No

Vehicle owner details

Title: Mr

 First name: xxx




 Address

 Postcode: xxx

 Postcode: Select the address: xxx

I'm just here to say is this what the world has now come to, LA's zooming in on number plates from a distance for minor traffic offences. Insane!

TX.