Author Topic: Dockside Rd Car Park. PPM private parking management. reason parked without displaying a valid permit a  (Read 1222 times)

0 Members and 58 Guests are viewing this topic.

Oh dear... as this was a windscreen NtD, an appeal should have not been made until around day 25 or 26 after the NtD was issued. All the keeper had to do was send a generic "no keeper" liability appeal in order to tie them up in a period when they should be sending out an NtK. Many PPCs in the BPA omit any NTK when replying to an appeal and the very fact a PPC forgets to send you a NtK by day 56, gives you a winning point at POPLA.

So, now the driver has been thrown under the bus and will probably end up paying when it could easily have been avoided if the keeper had just followed the above process.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Thank you for your reply.

I did not receive the response for the Forum, so i told him you will just need to send this letter template i had and name the driver, so the Liability transfer to the Driver not the Registered keeper.

NtD meaning is to Notice to the Driver.

He was just worried and concern he had to reply within 14 days, otherwise he has to pay £100.00, so he wanted to reply to the parking firm.

I never know about the Many PPCs in the BPA omit any NTK when replying to an appeal and the very fact a PPC forgets to send you a NtK by day 56.

So now the Driver will be responsible now, not the Registered keeper ?

The below if the DRIVER contest the appeal, can he mentioned the below to win the appeal ?

The reason for non-compliance of the PCN with mandatory requirements is that it does NOT specify the time period for payment of the parking charge because it gives two different periods. The first, on the front of the PCN, states:

A PARKING CHARGE IS DUE WITHIN 28 DAYS OF THE ISSUE DATE,

whereas the first para. on the rear states:

PAYMENT - the driver of this vehicle must pay the parking charge of £100 within a 28-day period, starting on the date of this notice.

'Within 28 days of the issue date' does not carry the same meaning as 'within a 28-day period starting on the date of this notice'. The former gives an extra day.

As I understand it, unless stated to the contrary the meaning of 'within 28 days of X date' excludes that date. I believe there is case law to this effect.

Failure to comply with the above conditions provides grounds for the registered keeper to appeal successfully.

In my opinion.

The argument about the 28 days and PoFA is gone because the drivers identity has been provided to PPM. PPM are now in scam mode and have passed this on to their DRA. Whether it is the DRA or PPM who apply to the DVLA for the keeper details will matter not. They are going to increase the demand to £160 or £170.

The keeper is going to have to deal with the outcome. I doubt they will issue a POPLA code as they are going to say it is beyond the appeal date. If so, the keeper can try and get PPM to chase the driver but they are still going to try and extort the DRA added fee.

Personally, I would ignore all DRA letters and just wait and see if/when they send a Letter of Claim. The only truly independent arbiter will be a judge. Perhaps wait and see what the cooler heads on the forum suggest.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Thanks I will await Any further replies from the forum.

Who is now liable is it the driver or Registered Keeper?

They have the details of the driver and Registered Keeper.

Do they still chase the registered keeper, if the driver does not pay ?


Hi Guys
Registered keeper just messaged me if the driver does not pay or does not respond to the letter receive from PPM , is the Registered keeper liable, as if he is he rather pay and ask the driver you owe me this amount or just leave it as good will to avoid any issues with his northern relative.
Your response or advice will be appreciated.

One of the conditions to be able to hold the registered keeper liable for a charge is that the parking company do not know the name and address for service of the driver. If the registered keeper has provided the parking company with that information, they cannot use Schedule 4 of the Protection of Freedoms Act to recover the charge from the keeper.

If they keep chasing the keeper, then he should re-iterate this point.

Thank you for your reply.