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Messages - DWMB2

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Firstly, my condolences on your loss, I hope you're coping as well as can be hoped.

Secondly, a slight aside before we get onto the substance of the case, if you get any charges in future do come here before appealing, we could have got these cancelled for you. But what's done is done, so let's look at the options...

Can you show us exactly what was submitted as the appeal? What you submitted may affect how we proceed.

With this being a rental, another thing to be alert to is any shenanigans from the hire company if ParkingEye go back to chasing them.

You're going to have to explain that.

Whose name is on the V5C?
Whose address is on the V5C?

For clarity, is the notice you've got addressed to you as the hirer directly, or the rental company?

Have split this out. To avoid confusion we operate a "one case, one thread" rule.

So for 9(2)(e)(ii) them saying 'confirm the name and address of driver of the driver to which this notice can be served' is not sufficient.
If your husband names you as the driver (which it sounds like is the plan?), then this becomes irrelevant, as they will no longer need to hold the keeper liable, as they will know the driver's details and be able to pursue them directly.

shouldn't they have issued another NtoK
Not another Notice to Keeper, as you are not the keeper, but they ought to have issued a charge addressed to you directly.

This scammer took me to court last year for similar circumstances but in my case i was fully on the pavement. My solo winning point was that 9(2)(e)(ii) was not met and the judge struck out the case. Probably could’ve had it discontinued during the witness stage but unfortunately i missed that and had it sent very late (day before hearing but judge allowed it).
If you're able to share a (redacted) version of the defence and WS you submitted this might be of help to the OP

Read this thread: READ THIS FIRST - Private Parking Charges Forum guide, and provide us as much of the information requested as you are able to.

In particular we need more info on the site in question. For example:
  • Is it the gym's car park
  • If so, what are the procedures for acquiring a permit? Why didn't you have one?
  • Can you show us pictures of the signage at the site?

Private parking tickets / Re: PCN but was never at the parking site
« on: February 29, 2024, 11:05:51 am »
If it's a clone they won't have cancelled unless there was a clear mismatch in make/model and they should (and certainly could) decline to share photos as it's not your car.
They might have gone for the PoFA point in the appeal

I worry we're putting the cart before the horse here, with extensive discussion around the finer points of the Code of Practice. I'm not saying they aren't relevant, but I'd suggest any initial appeal should put the issue of the poor signage and unclear site boundaries front and centre.

As you say, they have 14 days to reply to me, not t'other way around.
Not quite that either. They have 35 days to reply to your appeal.

The 14 day 'deadline' is the number of days after a parking event by which they must serve a Notice to Keeper, if they want to recover the charge from you as the keeper, otherwise only the driver (who they don't know) is liable.

I've submitted the appeal
Saying what?

Thanks @DWMB2 - have pinged it in. If it's a tad over 14 days (due to chronic delay in post here - Royal Mail often only deliver once a week) is it hopeless?
It would be useful to know what exactly you have pinged in.

Is what hopeless? It is their notice that needs to reach you within 14 days in order to hold you liable as the keeper, not your appeal.

The layout doesn't look particularly clear. Minster Baywatch won't accept any appeal (no benefit to them in accepting appeals), but there seems to be a fairly strong case that the signage is not clear.

Additionally - there's an argument that even if the signage had been clear, no contract was formed, as the signage is forbidding.

Private parking tickets / Re: PCN but was never at the parking site
« on: February 28, 2024, 12:24:33 pm »
Thanks for the update, good that the charge has been cancelled.

So I will also wait for the SAR incase there is a risk it’s been cloned
Good idea. Chase them if you don't get a response within a month.

they cannot simply issue a new notice.
Any authority for that?

Sbarclay19 - the easiest thing to do is to make sure your appeal reaches them within the deadline, but on or after 14 days from the date of the 'parking' event, so that if they do attempt to correct their error, it'll still not be compliant by virtue of arriving too late.

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