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Messages - beano5892

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@DWMB2 @b789 many thanks for this. I forgot to post that Mum's appeal was successful. Thanks for your help! :)

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I've filled it in for my Mum ... double checked I ticked keeper not driver and did not disclose driver. Signed in her name. If there's a mistake, it's my fault!
Thanks again!

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Dear b789 and @DWMB@

Thanks so much for clarifying. You guys are the best - at helping but also explaining so that we understand.

I shall pass this on to my dad and he shall appeal on my mum's behalf.

I'll update when we here back.

Happy 2025

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As above... you can do all the work but it MUST be in the Keepers name.

Easy one to defeat... as long as the unknown drivers identity is not revealed. 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.

If you use the suggested appeal above by @DWMB2, NCP will cancel the PCN.

Hi there

Thanks for this. I've forwarded your replies to my parents, but I'm just a little concerned that the PCN actually doesn't fall under PoFA as there is no mention of PoFA on the PCN and I thought (probably mistakenly!) that the PCN had to state that it was being issued under PoFA otherwise it isn't and then the 14 day period doesn't apply .. it jumps to 7 months? Or is it PoFA beacuse they've gone to DVLA to get keepers name and are chasing the keeper not the driver so it therefore slips into PoFA.

Dad looked on Citizens Advice website and they said that it wasn't PoFA if no mention and so he doesn't want to appeal unless he's sure!

Sorry for the questions and thanks in advance

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First we need to see the PPN with personal details redacted but leave times and dates.

There have been a number of these PPN`s over too long to take to pay and usually they are using the 5 minutes.

A couple of these PPN`s have hit the media and one they took to court in Sheffield was dismissed by the judge.

Also, the BPA and IPA are looking at possible altering this.  We`ll wait and see on this.

Thanks for this.
I've redacted and re-uploaded.

I saw the Sheffield case.. she had loads for the same reason I believe!

I know about the 5 minute "rule" but my concern here is that the whole process took way longer than this, even though they were trying to pay the whole time. Without meaning to sound terrible, they don't move so quickly these days and it can take a while for them to use their phone/ download apps etc so I just think it's grossly unfair but don't know how best to appeal.

Look forward to getting some advice/ feedback.
As always, thanks in advance


6
Private parking tickets / PCN received despite not staying in car park
« on: January 20, 2025, 12:29:09 pm »
Hi

My mum and dad went into an NCP car park on 16 December '24

They went to ticket machine and waited in line for someone to unsuccessfully pay for a ticket.

When it was their turn, they realised the ticket was not accepting cash or card payment, so Dad then tried to download the app to pay but failed as no reception. He then returned to the car to try with my Mum's phone but had the same issue. They couldn't figure out how else to pay so got in the car and went and parked somewhere else. This whole process took 17 minutes.. they are quite elderly and don't move/ do things quickly which has slowed the process down.

They have now received a PCN from NCP.

Please can you advise if they have grounds for appeal and, if so, what wording they should use?
They are quite elderly so not moving so quickly to and from things

Many thanks

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Hi Folks

The driver of my car accidentally took the left hand lane at the top of T5 parking ramp, realised error and drove straight through the drop off zone with out stopping, circled round and entered the car park for advance booked valet parking.

Having researched, they assumed that there would be no PCN issued as they did not stop and the system would recognize this.

PCN has arrived to me as keeper of the car!

I know that I can appeal a Heathrow PCN and have successfully done as keeper of vehicle etc but before I do , I am interested as to what my legal position is, given the car did not stop and literally went straight round. On googlesearch there seem to be varying stories as to automatic cancellation through to needing to appeal showing payment of the parking on the same day/time.

It's not a biggy but just annoying for me as keeper to deal with.

Thanks

8
Hi folks
Just wanted to update and let you know that the appeal was successful!
Many thanks as always!

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You've told them who is the driver in the first post!
sorted! thanks

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Hi @DWMB2 and @b789

Someone driving my car forgot about the drop off charge...as I usually drive!!

Anyway PCN has come through. I can see from various threads that it can be appealed on basis he is the keeper and not willing to reveal name of driver etc.

You both provide a template and @DWMB2 says that both are 100% successful.

I have used the following and just want to check that's it's still relevant before I send off. I have not revealed driver, and have included email only for a reply, but not contact number.

I look forward to hearing from you
Many thanks



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 am appealing as the registered keeper of the vehicle. There is no obligation for me to name the driver and I will not be doing so. 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").

Even if you were seeking to do so, as the Gatwick Airport South Terminal Drop Off Zone is not "relevant land" as defined by The Act you are unable to recover the charge from me, the keeper.

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,

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Thanks for your speedy reply. I think that it's just something she has to notch down to experience... avoid yellow boxes at all costs unless clear way out before you enter!

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Hi

My daughter received this PCN RT97879631 yesterday. She knew that she was at risk at the time but is wondering if there are grounds for appeal.

She says that the traffic was moving freely as she approached the box and judged that there would be enough space for her and the silver audi behind the volvo to cross out of the box. However, the audi stopped early with loads of space ahead snd she was unable to get out of the box.

I've looked at the video and agree that, if it had been me, I'd probably have driven in as well as it looks as though there is bags of space on the other side of the box and the Audi does stop way behind the Volvo without consideration for people behind.. you rather have to make the judgement call that traffic will keep rolling and fill the space rather than leave you stranded.

I attach the pcn but can't remember how to give you access to the video... this is the link but I'm not sure it will work (it just takes me back to the main LB Richmond PCN viewing page. I've tried findmypcn but it says that I haven't put in the correct PCN... but I have!

https://www2.richmond.gov.uk/PCNViewer/vide...T97879631_9.mp4

https://ibb.co/ccp0hzq
https://ibb.co/d4ypGbR
https://ibb.co/FY99GQC
https://ibb.co/ctWpw95
https://ibb.co/b55mLDP
https://ibb.co/jJTVpdn


Please could you let me know how to do that if the above doesn't work and let me know my chances of appeal? I do not want to risk the full whack!

Many thanks, in advance

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