Free Traffic Legal Advice

OP, why not make their failure clear?

I do not understand why reference to a PoFA failure is so vague. If you want to tempt them into calling your bluff i.e. you've picked up a phrase from somewhere and don't understand a word of it, then IMO this is the way to do it.

I notice that your PCN Notice to Keeper was issued on 25 April and that the alleged breach occurred on 7th. This period of 18 days exceeds the maximum period prescribed by law, 14 days, and therefore you are unable in any circumstances to hold the keeper liable for any parking charge for which the driver might be liable.


We have to take it on trust that your previous communications with the PPC have not given them any genuine reason to believe that you were the driver. If they do, then they might think their ruse has won the day i.e. send a PCN which isn't PoFA compliant and hope the keeper drags victory(for the creditor) from the jaws of defeat.

So, i appealed the parking charge, and this is what i got back from Park with Ease.

Appeal: Were you the keeper : Yes
Were you the driver : No

I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so. As there is no obligation for me to name the driver, I will not be doing so. I am therefore unable to help you further with this matter and look forward to your confirmation that the charge has been cancelled.




Response

Thank you for your email

 

Upon entering the site you entered into a contract to pay for the parking that was due at the time or up to 48 hours following your departure (online) or pay a parking charge notice (reduced if paid within 14 days).

 

The signage on site clearly states that charges are in place 24 hours a day on all days and apply to all vehicles. There are 5 signs on this site, including 1 on the entry, 1 on the exit and one by the kiosk. Our signage has been audited by The IPC our Accredited Trade Association and is fully compliant.

 

We have invited you to inform us who the driver at the time was. We do have images of the vehicle entering the site and should we need to we may choose to get the images enhanced in order to present them as evidence in court should you choose to allow the matter get that far.

 

We have not claimed to and are not seeking to use POFA 2012 to pursue the matter, therefore we have no requirement to issue any letters within 14 days.

 

Since you failed to pay for the parking that was due at the time or up to 48 hours following your departure and were over the advertised grace period the parking charge notice has been issued correctly.

 

You can pay your parking charge notice online at www.parkwithease.co.uk or by sending a cheque or postal order to Park With Ease, Unit 15 Duttons Business Park, Dock Road, Northwich, Cheshire, CW9 5HJ.

 

The Independent Appeals Service (www.theIAS.org) provides an Alternative Dispute Resolution scheme for disputes of this type. As you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service providing you lodge an appeal to them within 21 days of this rejection.

 

If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). In order to appeal the IAS will need your parking charge number, your vehicle registration and the date the charge was originally issued.

 

Please note, the 14 day reduced period is not held whilst an appeal is in place.

I'm usually of a similar opinion to b789 regarding the IAS, but of the few appeals I have seen them accept, pretty much all of them have been ones like this where there is a very obvious lack of PoFA compliance. In this case enhanced further by the parking company directly stating they're not using it.

If it were me in receipt of the charge I'd give the IAS a go, as it costs nothing to try, and if successful brings an end to the matter without having to watch your incoming post for the next 6 years.

I did however notice, at the beginning of their sentence they stated "You" when I have already told them I was not the driver, only the keeper. 

I wouldn't worry about that. Just typical male-bovine excrement from an ex-clamper thug out to scam you. If you want to give them some grief, you could respond to them with a complaint that they have mendaciously responded to your appeal as though you were the driver when, in fact, you have admitted no such thing.

Anyone can drive any vehicle as long as they have the owners permission and they have their own third party liability insurance.

I'd be interested to know from DWMB2 of the wording of successful IAS appeal decisions on this point.

The cases would have been on Pepipoo unfortunately, although I can't imagine the wording would have been much different from POPLA appeals made on similar points. I just remember seeing quite a small handful that succeeded when we assumed otherwise (there were suggestions they were trying to be seen to be cleaning up their act in anticipation of the upcoming government regulation...)

They remain free to pursue me as driver

I'm not sure I'd say this, as the OP has made clear in his appeal that he was not the driver. There's a risk the parking company or the IAS would jump on this point.

Again, i am appreciative of all your relies.

It's a win... I think. You can never tell with the IAS. They are very incestuous with their members. It does sound as though the operator has "conceded" that they had no case.

I think that the reason they do not issue or rely on PoFA for their NtKs is because the location is not on relevant land. The National Park is land under statutory control.