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Messages - AG1

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1
Black car. yes I was in the passengers seat waiting to guide him in on the left side.

2
It was not me driving, but did not see the sign as we were trying to reverse into where the other car came from on the left which is where we were looking.

When he appeared to pull up behind us the driver saw we were going to be blocked in so drove forward, then the other car changed direction as they must have seen the sign.

3
Apologies, video is online I have just found it, shows the car follow us then turn direction. Does not show how long we were waiting before video starts.

Reg: KR20FET
PCN: RW60195834
Webcode: 123VU754

4
Good evening,

I hope everyone is enjoying their break.

Thanks in advance for any help.

The pictures do not show how long we were waiting, the car on the left behind us was due to exit so we pulled in front waiting to then reverse back into his space.

After a prolonged period of time the car on the left pulled up behind instead of going straight as we expected and blocked us in.

https://ibb.co/HTKMQVBR
https://ibb.co/Xr3SPd2m

5
Amazing, thank you. In line with another observation below:

"Yes, they're claiming that the vehicle isn't to return within 2 hours.

The only person who could be party to that would be driver A, and they're presumably claiming that person should have told driver B not to return because they would breach the contract they have originally agreed.

Obviously lots of argument over whether this is in fact enforceable.

But they've undermined their own argument by stating "as YOU (Registered Keeper & Driver A) did return within the no return period, YOU (Registered Keeper & Driver A) became liable for the Charge advertised".

This did not occur. Driver B returned.

This is important as under POFA as "the driver of a vehicle is required by virtue of a relevant obligation to pay".

They have stated driver A is liable and stated they have the "relevant obligation."

I would therefore wait until a Letter Before Action and then name Driver B as the driver. Driver A is taken out of the equation.

Then they go down a snake all the way to the start of the board and have to issue a Notice to Driver, new debt letters etc.

If they then decided to make a claim against Driver B there would be no contract and they have stated Driver A is liable and they'd be stymied because driver A wasn't the driver. Rock and a hard place.

At the end of the day they can just make a claim against the RK and it'll probably be discontinued anyway. So it's all moot even when you have a cast iron defence because you have to faff about dealing with a claim. But you have the opportunity to send them down a snake, and quite often they lose interest after that and don't even bother with a court claim."

6
Reply below, enlarged images were provided, however it is not possible to identify anyone in the vehicle due to the poor quality:

Thank you for your appeal received on x regarding the above detailed Parking Charge Notice.
We have reviewed the case and considered the comments that you have made. Our records show that
this notice was correctly issued as your vehicle was parked in a way which breaches the Terms and
Conditions of Parking.
The warning signs at the retail park advises that parking is permitted for a maximum stay of 2 hours for
the Retail units, with a no return period for 2 hours. Your vehicle parked on site between 13:57:22 until
14:30:39 and returned at 16:28:16 until 16:54:04. As your vehicle entered site and parked during the
no return period, your vehicle was parked in direct breach of the advertised terms of parking.
Kindly be advised, the signage clearly states, “Additional parking charges apply for each 24-hour period,
or part thereof, that the vehicle remains in breach or if it returns at any time.” As your vehicle returned
within the two-hour no-return period, the PCN was issued correctly and will be upheld.
The signs make it clear that if the terms and conditions are breached, that a Charge of £100 will be
levied if vehicles park outside of the Terms and Conditions displayed. It is the motorist's responsibility to
ensure that they return to their vehicle and remove it from the car park before the maximum period of
parking permitted expires and does not return to park within the no return period, as you did return
within the no return period, you became liable for the Charge advertised.
All of our warning signs prominently displayed a customer service telephone number which you could
have called in the event of any uncertainty when parking on site and had you called the number upon
your arrival, you would have been advised which steps to take in order to avoid receiving a PCN. We
must remind you that it is the driver's responsibility to ensure that the parking restrictions in force are
actively observed and adhered to when parking on PRIVATE PROPERTY and we would advise that you
do so in the future in order to prevent any further PCNs being issued. Regrettably, we can only cancel a
PCN if it was issued incorrectly of if the contravention did not occur and are unable to do so based on
the grounds of your appeal.
Unfortunately on this occasion, we have upheld the PCN as it was issued correctly. We have now
extended the discounted payment period by 14 days to allow you time to pay the discounted settlement
amount. Please now make payment of £60 to reach us by x or £100 to reach us by
x. We must advise you that once the discounted settlement rate passes it will not be offered
again. You now have a number of options; 1.Pay the parking charge notice. Payment can be made
online at www.parkdirectuk.com or by calling the automated payment line on 020237739587.
2. You may also make an appeal to the Independent Appeals Service (IAS) on the following website
www.theias.org quoting the Parking Charge Notice number and the Vehicle Registration number within
28 days from the date of this letter. If you opt for independent arbitration of your case, you will lose the
opportunity to pay the lower amount and £100.00 will be payable in the event your appeal is rejected.
Please note that the IAS is unable to waive a parking charge notice due to mitigating circumstances and
a decision will be based solely on the facts and evidence. You may appeal on any ground which
undermines the lawfulness of the charge or which otherwise affects the suggestion that you are liable
for it. Please note that if you opt for the IAS appeals process, all evidence collected relating to this case
will be submitted to the IAS. We would like to advise you that we do not enter into multiple appeals and
we will not enter into any further correspondence in relation to this appeal. If you choose to send us
another appeal, we are afraid that we are unable to log or answer it.

7
No online appeal available, on the back it states only by post.

8
Many, many thanks, this is superb. I will print and drop it in their PO Box later this evening.

9
Agreed, thanks for the reply. Pics below:

https://ibb.co/qMn12tKk
https://ibb.co/xtZsKhPt
https://ibb.co/nqbL9ymP
https://ibb.co/j7bkhBy

14 days are up tomorrow despite only receiving it on the weekend and it looks like an appeal can only be done by post.

10
Hi,

As title, repeat entry within 2 hours. I successfully defended this before stating it was a different driver each time, but cannot find the template I used. Is there one available here?

Thank you for your help in advance.

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