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Private parking tickets / Re: Britannia Parking PCN - St Johns Road Car Park, Birmingham
« on: July 02, 2024, 02:44:18 pm »
Appeal submitted yesterday - I will keep you all updated!
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Private parking tickets / Re: Britannia Parking PCN - St Johns Road Car Park, Birmingham
« on: July 01, 2024, 12:59:42 pm »
Thanks. I have since re-read BPA CoP 22.10 and am now less sure about its relevance... it reads as follows:
Your letter to the keeper should point out the details of
the unauthorised parking event and ask for payment or
request details of the driver. If you are not making use of
the keeper liability provisions of POFA or you are unable
to achieve the deadlines specified therein, your letter must
not reference POFA or state that the keeper is liable.
If the parking charge notice is not being issued under the
provisions of the Protection of Freedoms Act 2012 it
must not reference this legislation.
This point seems to be in reference to a letter to the keeper, when in fact the driver is not appealing a letter to the keeper. Therefore, whether they mention PoFA or not no longer seems relevant... what do you think?
Your letter to the keeper should point out the details of
the unauthorised parking event and ask for payment or
request details of the driver. If you are not making use of
the keeper liability provisions of POFA or you are unable
to achieve the deadlines specified therein, your letter must
not reference POFA or state that the keeper is liable.
If the parking charge notice is not being issued under the
provisions of the Protection of Freedoms Act 2012 it
must not reference this legislation.
This point seems to be in reference to a letter to the keeper, when in fact the driver is not appealing a letter to the keeper. Therefore, whether they mention PoFA or not no longer seems relevant... what do you think?
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Private parking tickets / Re: Britannia Parking PCN - St Johns Road Car Park, Birmingham
« on: July 01, 2024, 12:51:07 pm »
@DWMB2 - thanks for confirming.
Which part of BPA CoP are you referring to that they did not follow? Thanks
Which part of BPA CoP are you referring to that they did not follow? Thanks
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Private parking tickets / Re: Britannia Parking PCN - St Johns Road Car Park, Birmingham
« on: July 01, 2024, 12:40:26 pm »
@b789 - I have been reviewing PoFA 2012 and BPA CoP and cannot find what you are referencing. Where does is state that the creditor must be in touch with the driver within 14 days of the liability transfer?
Thanks
Thanks
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Private parking tickets / Re: Britannia Parking PCN - St Johns Road Car Park, Birmingham
« on: June 30, 2024, 10:45:14 pm »A question to the OP - have you seen exactly what was submitted by the keeper? Is it possible they (wrongly) named them as the hirer instead?This question is worth answering.
Th driver has not seen what the keeper submitted. However, the driver did also receive this alongside the NtH: https://imgur.com/a/xaBPBLs
Apologies for not sharing this earlier. No other documents were enclosed with this and the NtH.
I hope the answer and the extra document help!
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Private parking tickets / Re: Britannia Parking PCN - St Johns Road Car Park, Birmingham
« on: June 30, 2024, 10:21:46 pm »
Would it be reasonable to appeal mentioning the notice's failure to follow PoFA Schedule 4 Paragraph 4(2) (they didn't provide the relevant documentation) as well as BPA CoP's 22.10 (they mentioned PoFA when they shouldn't have)?
Or would the driver in some way be shooting themselves in the foot to go with both approaches at once?
Thanks
Or would the driver in some way be shooting themselves in the foot to go with both approaches at once?
Thanks
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Private parking tickets / Re: Britannia Parking PCN - St Johns Road Car Park, Birmingham
« on: June 30, 2024, 10:16:02 pm »The response is simple:
Thank you for your Parking Charge Notice titled Notice to Hirer.
As you know, when served a Notice to Hirer must be accompanied by four prescribed documents as follows:
A copy of the original Notice to Keeper;
A statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;
A copy of the hire agreement; and
A copy of a statement of liability signed by the hirer under that hire agreement.
As you know, none of the above was supplied and therefore you are unable to invoke the provisions of para. 14(1) of Schedule 4 to PoFA.
I cannot help you further in this matter.
But where would this leave the registered keeper?
Having read the relevant paragraphs in PoFA 2012 Schedule 4 Paragraph 14(2), it very much seems like they have failed to do this and therefore the above response would clearly outline how they have failed to follow guidance!
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Private parking tickets / Re: Britannia Parking PCN - St Johns Road Car Park, Birmingham
« on: June 30, 2024, 09:16:24 pm »
b789 and H C Anderson - thanks so much for your kind input - your passion and expertise are both thoroughly appreciated!
The driver is certain to appeal to this NtH - no question. However, they are certainly uncertain as to which draft letter would have the higher chance of success as they honestly have zero knowledge relating to PCNs and are humbly in the hands of the FTLA community! The driver would appreciate any further opinions as to which of the suggested directions to take.
Thanks again.
The driver is certain to appeal to this NtH - no question. However, they are certainly uncertain as to which draft letter would have the higher chance of success as they honestly have zero knowledge relating to PCNs and are humbly in the hands of the FTLA community! The driver would appreciate any further opinions as to which of the suggested directions to take.
Thanks again.
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Private parking tickets / Re: Britannia Parking PCN - St Johns Road Car Park, Birmingham
« on: June 30, 2024, 03:31:03 pm »
Thanks for both of your message.
Please see the notice to keeper here, received 25/05/24: https://imgur.com/a/hoEe07f
The keeper then named the driver by filling the online transfer of liability form at britpark.com on 28/05/24.
The keeper received this email, also on 28/05/24, in response:
Thank you for your transfer of liability. We can confirm we have received this regarding ticket number [redacted].
Should we be unable to process your transfer of liability, we will be in touch within 14 days.
The notice to hirer (in original post) was then addressed to and received by the person identified by the keeper as the driver.
Your expert input is much appreciated!
Please see the notice to keeper here, received 25/05/24: https://imgur.com/a/hoEe07f
The keeper then named the driver by filling the online transfer of liability form at britpark.com on 28/05/24.
The keeper received this email, also on 28/05/24, in response:
Thank you for your transfer of liability. We can confirm we have received this regarding ticket number [redacted].
Should we be unable to process your transfer of liability, we will be in touch within 14 days.
The notice to hirer (in original post) was then addressed to and received by the person identified by the keeper as the driver.
Your expert input is much appreciated!
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Private parking tickets / Re: Britannia Parking PCN - St Johns Road Car Park, Birmingham
« on: June 30, 2024, 06:55:35 am »
Thanks for your reply. The PCN was issued to the person driving the car, who is a named driver of the car. The car is privately owned and the liability was transferred from the registered keeper. The car is not hired or leased.
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Private parking tickets / Britannia Parking PCN - St Johns Road Car Park, Birmingham
« on: June 29, 2024, 08:03:32 pm »
Dear all,
The Driver received this PCN from Britannia Parking on 18/06/24, after the Registered Keeper transferred the liability of the PCN to them on 28/05/24.
The Driver entered the car park at 0918. The Driver then attempted to purchase a ticket from one of the ticket machines. However, after minutes of trying, and failing, because the machine was seemingly not working, the Driver tried another machine. The Driver was again unsuccessful after trying for minutes. The Driver noticed a third ticket machine which had an "out of order" sign on it, which they did not try.
During the many minutes of trying and failing to purchase a ticket, the Driver's young child ended up requiring some attention. The Driver then spent a few minutes sorting our their child in the car. Following this, the Driver then tried another avenue to purchase a ticket - calling the number displayed in the car park. This call went through at 0943 and lasted for nearly 7 minutes. The driver successfully purchased a ticket at 0949. The ticket was for 2 hours.
The Driver left the car park at 1144, which they felt was appropriate, given they had not been able to purchase a ticket until 0949, and therefore were within the 2 hours. However, the attached PCN was issued and the Driver would appreciate help in appealing the PCN.
What would your advice be to the Driver?
Many thanks.
https://imgur.com/a/EIxC3s0
The Driver received this PCN from Britannia Parking on 18/06/24, after the Registered Keeper transferred the liability of the PCN to them on 28/05/24.
The Driver entered the car park at 0918. The Driver then attempted to purchase a ticket from one of the ticket machines. However, after minutes of trying, and failing, because the machine was seemingly not working, the Driver tried another machine. The Driver was again unsuccessful after trying for minutes. The Driver noticed a third ticket machine which had an "out of order" sign on it, which they did not try.
During the many minutes of trying and failing to purchase a ticket, the Driver's young child ended up requiring some attention. The Driver then spent a few minutes sorting our their child in the car. Following this, the Driver then tried another avenue to purchase a ticket - calling the number displayed in the car park. This call went through at 0943 and lasted for nearly 7 minutes. The driver successfully purchased a ticket at 0949. The ticket was for 2 hours.
The Driver left the car park at 1144, which they felt was appropriate, given they had not been able to purchase a ticket until 0949, and therefore were within the 2 hours. However, the attached PCN was issued and the Driver would appreciate help in appealing the PCN.
What would your advice be to the Driver?
Many thanks.
https://imgur.com/a/EIxC3s0
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Private parking tickets / Re: PCN Transfer of Liability - Britannia Parking
« on: June 18, 2024, 05:32:44 pm »
Thanks @The Rookie.
And from the ND's perspective, do you think they need to do anything until they receive a notice, or just do nothing and hope they don't receive it or action it when it arrives?
And from the ND's perspective, do you think they need to do anything until they receive a notice, or just do nothing and hope they don't receive it or action it when it arrives?
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Private parking tickets / Re: PCN Transfer of Liability - Britannia Parking
« on: June 18, 2024, 12:39:23 pm »
Understood, and thanks for taking the time to spell it out.
As a result of your advice, the RK will chase the company to ensure they have removed the notice from their name.
As a result of your advice, the RK will chase the company to ensure they have removed the notice from their name.
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Private parking tickets / Re: PCN Transfer of Liability - Britannia Parking
« on: June 18, 2024, 11:29:09 am »
Thanks for your message.
To clarify, the RK did give the ND's name and correspondence address when completing the transfer of liability form, but neither the RK or ND have heard back since.
To clarify, the RK did give the ND's name and correspondence address when completing the transfer of liability form, but neither the RK or ND have heard back since.
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Private parking tickets / PCN Transfer of Liability - Britannia Parking
« on: June 18, 2024, 08:55:30 am »
Hi all,
The registered keeper of the vehicle (RK) received a PCN but another named driver (ND) was actually driving the car at the time. RK completed an online form to transfer the liability to ND.
ND's plan is to appeal the charge (the ticket machines were out of order!!!), however, ND is yet to receive a notice. Given that the liability was transferred to ND, they have presumed that they should await to receive the PCN before any further action, but are concerned that it has been 3 weeks and they have heard nothing. Is ND meant to take action on the notice even though they haven't received one themselves? ND is hoping that the "clock" (ie "you have 28 days to pay or appeal dah dah dah...") will reset when they receive a notice.
Is ND okay to sit tight whilst they await a notice, or should they take any action in the meanwhile?
They would really appreciate your help.
Thanks,
Adam
The registered keeper of the vehicle (RK) received a PCN but another named driver (ND) was actually driving the car at the time. RK completed an online form to transfer the liability to ND.
ND's plan is to appeal the charge (the ticket machines were out of order!!!), however, ND is yet to receive a notice. Given that the liability was transferred to ND, they have presumed that they should await to receive the PCN before any further action, but are concerned that it has been 3 weeks and they have heard nothing. Is ND meant to take action on the notice even though they haven't received one themselves? ND is hoping that the "clock" (ie "you have 28 days to pay or appeal dah dah dah...") will reset when they receive a notice.
Is ND okay to sit tight whilst they await a notice, or should they take any action in the meanwhile?
They would really appreciate your help.
Thanks,
Adam
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