Free Traffic Legal Advice

Hi,

I just wanted to update you on this, in particular user 'b789', having summitted my appeal using the wording you so very kindly gave me, SML have today confirmed that they have cancelled my PC and that no further action will be taken.

So, a massive thank you, your advise was absolutely spot on. I'm so delighted that these crooks were forced to back down, without your help I would have probably given in to their threats, well played and thank you again.

PH

Sounds good, thank you, I'm on their website now.

Sorry, final question, should I email or write to them?

Excellent advise, thank you, apologies if I am overthinking this, but I have no frame of reference for this, hence I am asking those who know an awful lot more about this than me, so all advice is very much appreciated as I certainly do not want to pay these people, however, a couple of points if I may,

1. I am the company, I am the sole director, does this complicate things?

2. They actually can go around clamping in Northern Ireland and moreover unfortunately, they do.

Your proposed wording looks excellent, thank you, my main concern lies with point one above.

Thank you for your patience and understanding.

P

I considered this however, believe it or not, clamping is legal in NI and this would be a risk.

Perhaps it would be better to appeal?

.

Hi,

Just received a PCN for Parking at Curry's in Northern Ireland, I have a company car, the registered keeper is the company and the PCN has been addressed to the company not to the driver.

I was buying a significant amount of white goods in Currys and then was due to pick up a friend as we both had to be somewhere else, as it took so long for the staff to process the order, I asked my friend to collect me rather than me going to pick him up, so I just left the car and picked it up later. It did not occour to me that I would contravene any parking conditions.

Upon returning to the vehicle, I noticed that a van drew up close by which I now assume was related to the PCN, on the images shown the driver cannot be identified, but I am concerned that this might be possible if the van driver or the CCTV took other photos.

I received a PCN this morning.

This is an extract from the consumercouncil.org relating to NI.

Grounds for appeal
Unlike England and Wales, the Protection of Freedoms Act (PoFA) does not apply in
Northern Ireland. This means that the driver, rather than the registered keeper of
the vehicle, is liable for any private parking charges issued. The onus is on the
parking operator to issue the PCN letter to the driver of the vehicle. As the registered
keeper of the vehicle, you can appeal the PCN by asking the parking operator to
provide evidence that you were driving on the date of the alleged breach, if no
evidence exists, the PCN can be cancelled.
Also, if you feel there are extenuating circumstances involved in your case or that
the PCN has been issued incorrectly, you can appeal the PCN. Valid grounds for
appeals include signage being inadequate on site, errors with ANPR cameras, getting
a PCN for parking in a disabled bay despite having a valid blue badge or if you are an
employee within the grounds of the car park.


I have found this proposed response elsewhere on this forum, would it be valid in NI and is this the best approach to adopt.


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,


I have attached the two pages of the PCN.

Many thanks

P

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