3. PCN at hotel car park - any advice?
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PCN at hotel car park - any advice?
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0Helping a driver with a PCN from a hotel car park. I will be getting a copy of the PCN soon, but here is the basic sequence of events:

  • Parked in the hotel car park and paid via the YourParkingSpace website via mobile browser (not the most technically proficient, so did not know to download the app).
  • Received PCN from the Parkmaven 20 days after the alleged violation occurred. It states that there was no valid session.
  • The driver has missed the appeal deadline due to a lack of technical knowledge around responding to the appeal. They only saw the option to pay the PCN, so emailed Parkmaven's 'support' email address. They sent a screenshot of the website payent screen (not showing that payment was completed) and a screenshot of their bank statement showing the transaction. Unfortunately no receipt was obtained because the driver entered their phone number one digit too short and neglected to include an email address.
  • I believe POFA PCNs need to be sent within 14 days, but I'm not sure when they should be received by. This PCN was dated exactly one week after the parking session, but only arrived one day before the appeal deadline. I'm not sure where the driver stands regarding this.
  • A response to the email appeal arrived advising the driver to click the link to appeal, but the driver did not understand that this was still possible despite the letters from DCBL citing that it had now been passed to them and it was too late to appeal.

I don't know if it's now possible to get this back to the appeal stage, but I am trying to find out more information from the hotel in question. More details can be provided; I'm just waiting for it all to be emailed to me so I can redact it.

I can see Parkmaven arguing that the wrong registration number was used, as the driver has no receipt so it's the only reason I can think of.

I'm not sure if the arrival of the PCN so late could be a reason for appeal to be successful, but the driver is back to being too late.

I would like to see the agreement between Parkmaven and the landowner, but the hotel has thus far not responded to my emails.

Any help would be greatly appreciated!

Thanks  :)
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Re: PCN at hotel car park - any advice?
« Reply #1 on: »
Please read this and then post a suitably redacted photo of both sides of the Notice to Keeper (NtK). Regarding the PoFA deadline regarding service of the NtK, it refers to it needing to be "given" within 14 days of the alleged contravention.

A Notice is deemed given, two working days after the date it is issued (not the contravention date), irrespective of whether it actually arrives later or not, unless it can be proven to have arrived later. If the PCN is dated only 7 days after the alleged contravention then it was deemed given two working days later, which is more likely than to be within the 14 days stipulated by PoFA. Without knowing the actual dates, it is difficult to confirm especially if it was issued around the Xmas holiday period.

You mention that DCBL have now been in touch which suggests that any appeal period is no longer possible. DCBL must be ignored. They are a useless debt collector with no power to do anything except try and scare the low-hanging fruit on the gullible tree to pay up out of ignorance and fear.

The hotel must be pressured as far as possible to get the PCN cancelled if they are the contractor for ParkMaven. The only way you will get to see any contract between the landowner and ParkMaven is if they issue a county court claim and it goes all the way to a hearing where you can require ParkMaven to reveal their contractual right to issue PCNs in their own name.

However, if it goes to a county court claim, there is very little to zero chance that it would ever get as far as a hearing as they are likely to discontinue before the hearing fee has to paid by them.

When you can, please show the NtK and if you get a Letter of Claim (LoC) come back and show us.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: PCN at hotel car park - any advice?
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Mick, you are a very, very bad man
Re: PCN at hotel car park - any advice?
« Reply #3 on: »
Hi,

Thanks for your replies. I have now received photos of all of the letters, which I have redacted. The screenshot the driver took of the Parkmaven website from their phone has unfortunately been sent to me as a photo of the screenshot taken on the phone, in an email on the laptop, taken back on the same phone. I know the original is both on the phone and in the driver's email somewhere, so I will try to get a better copy if required. I don't think it would hold much weight in terms of evidence, as I could replicate that on my phone.

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Re: PCN at hotel car park - any advice?
« Reply #4 on: »
And the final bit.

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Re: PCN at hotel car park - any advice?
« Reply #5 on: »
All,we,needed to see was the original NtK, both sides. We do. It need to see or know about any reminders and we don’t need to know about the uselesss debt collector letters from DCBL and their like.

You can safely ignore those. DCBL are not a party to the contract allegedly breached by the driver. Remove those images and stop worrying about a powerless debt collector.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: PCN at hotel car park - any advice?
« Reply #6 on: »
This might actually be down to Your Parking Space, they have form for selling parking spaces on car parks that are managed by another company with whom they have no relationship. There was an example on here recently, in the YPS small print it said you had to validate your parking with the hotel staff, you had to go into the hotel, tell the receptionist you'd paid YPS and they would enter you registration to stop you getting a PCN. May well be the case here in which Parkmaven aren't going to be very sympathetic, so your best bet is to get the hotel to get it cancelled. Just because you had a contract with YPS won't negate the contract with Parkmaven if the two are completely separate.
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