Author Topic: UK Parking Patrol - Lakeside Way Wembley - Exceeded Maximum Stay  (Read 1354 times)

0 Members and 100 Guests are viewing this topic.

Hi all,

Could I ask your advice on a parking notice.

The driver was in Lakeside Way, Wembley. They went to give something to a friend who was staying at the hotel, the friend came down to the car to pick it up. This was a 1:00 at night. They ended up talking to their friend for longer than they realised and were there for nearly an hour. They did not leave their car at all during that time, they just sat talking there.

Are there any grounds on which to appeal this parking charge?

Thanks

Mo

[ Guests cannot view attachments ]

Share on Bluesky Share on Facebook


Re: UK Parking Patrol - Lakeside Way Wembley - Exceeded Maximum Stay
« Reply #1 on: »
Can you show us the back of the notice? We would also benefit from seeing photos of the signage at the site, content and layout.


Re: UK Parking Patrol - Lakeside Way Wembley - Exceeded Maximum Stay
« Reply #3 on: »
That NtK is not PoFA compliant. It fails on PoFA 9(2)(e)(ii) in that it does not tell the keeper to pass the NtK to the driver.

Only the driver is liable for the charge. UKPP have no idea who the driver was unless you, the keeper, tell them. You are under no legal obligation to an unregulated private parking company to identify the driver.

As UKPP are members of the IPC, you should only try an appeal to them. If that is rejected, it is not really worth the effort to appeal to the kangaroo court that is the IAS, although others on here may suggest otherwise.

Before you appeal (but don’t miss the 21 day deadline for doing so) you should contact the hotel management (as high up the management food chain as possible) and ask them to get the PCN cancelled. This is known as Plan A.

Your appeal to UKPP as the keeper (no telling the unregulated private parking company who the driver was) should be on the following lines:

Quote
I appeal as the registered keeper. I am not obliged to identify the driver and decline to do so.

You cannot transfer the driver’s liability (if any) to me as you have not served me with a notice to keeper that complies with the strict requirements of Schedule 4 to the Protection of Freedoms Act 2012 (PoFA) and it is now too late to do so. In particular (without limitation) your notice does not contain the warning required by PoFA paragraph 9(2)(e)(ii) in that there is no mention of the requirement for the keeper to pass the notice to the driver.

I require you to cancel the parking charge and remove my personal information from your database
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: UK Parking Patrol - Lakeside Way Wembley - Exceeded Maximum Stay
« Reply #4 on: »
Looking at the road layout, I'd be very surprised if the hotel are the landowners or much to do with the parking company in this case.

Re: UK Parking Patrol - Lakeside Way Wembley - Exceeded Maximum Stay
« Reply #5 on: »
PCN issued 11 Apr.

Served Tues. 15th.

28-day period ended 13 May. Therefore the creditor could disregard any appeal by a person who has the right to appeal, which begs the question...

OP, are you the addressee on the PCN (the most common reason for PCNs being posted here so late is that they're actually addressed to a keeper who is not the OP e.g. hire company etc.).
« Last Edit: May 14, 2024, 10:44:58 am by H C Andersen »

Re: UK Parking Patrol - Lakeside Way Wembley - Exceeded Maximum Stay
« Reply #6 on: »
I am the addressee, I was away for a few weeks which is why I am late dealing with this...

Re: UK Parking Patrol - Lakeside Way Wembley - Exceeded Maximum Stay
« Reply #7 on: »
In which case all you can do for now is see if the hotel may be able to request that the PCN is cancelled.

You will now receive final reminders and letters from debt collectors with the fake added £60-£70 debt recovery fee. You can safely ignore all debt collector letters as they are powerless to do anything, no matter how any scary words such as "bailiff" and "CCJ" that they use. Never, ever, contact a debt collector. Simply ignore them. They cannot do anything.

If/when UKPP or a roboclaim solicitor they instruct send you a Letter of Claim (LoC) then come back for more advice. IF you change address in the next 6 years, be sure to instruct the DPO at UKPP to rectify your address to the new one and to erase your old one.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: UK Parking Patrol - Lakeside Way Wembley - Exceeded Maximum Stay
« Reply #8 on: »
OP, the last one of these which I recall gave a similar account but then the OP PM'd me to give the real story!

If your friend, who was the hotel guest, could contact the hotel and explain something along the lines of them asking to meet you and that they kept you talking then perhaps they might succeed on your behalf, but I wouldn't give much for your chances with a direct approach as you weren't even a hotel guest.

But unless your friend could do this ASP then IMO try and get the discount re-offered yourself and the simplest way is to name the driver if not you. If this isn't an option, then as you're beyond the 28-day period I would not refer to the wording of the PCN. Sorry, but you're trying to get them to re-offer the discount and if they don't and the matter finally went to court then I couldn't see a judge giving this omission the time of day because, read as a whole, passing the PCN to the driver is relevant(as with Notices to Hirer) to inform the driver/hirer that the creditor had taken the preliminary mandatory step of issuing a bona fide PCN. But if you were the driver or you don't seek to pass the buck to the driver then this element of PoFA is academic, in my opinion. It might carry weight with an assessor, but you're not at this stage.

With apologies to views to the contrary, but do you really want to have this hanging over you for up to 6 years gambling that they'll forget when in all probability you'll be the one to forget.

But you're not at this decision point yet.

Re: UK Parking Patrol - Lakeside Way Wembley - Exceeded Maximum Stay
« Reply #9 on: »
Thank you all very much for your advice!

Mo

Re: UK Parking Patrol - Lakeside Way Wembley - Exceeded Maximum Stay
« Reply #10 on: »
Hi Mo,

I'm dealing with the same parking ticket from the exact same location and I missed the grace period to appeal and received a debt collection letter. I was wondering what was the outcome with your charge notice please. As I don't know what is best to do currently which is ignore the debt collection letter or still try appeal to the original parking patrol office.

Thanks,
Sai

Re: UK Parking Patrol - Lakeside Way Wembley - Exceeded Maximum Stay
« Reply #11 on: »
Hi Mo,

I'm dealing with the same parking ticket from the exact same location and I missed the grace period to appeal and received a debt collection letter. I was wondering what was the outcome with your charge notice please. As I don't know what is best to do currently which is ignore the debt collection letter or still try appeal to the original parking patrol office.

Thanks,
Sai
please start your own thread. and...
READ THIS FIRST - **BEFORE POSTING YOUR CASE!**, 
https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
Quote from: andy_foster
Mick, you are a very, very bad man
Agree Agree x 1 View List