On 03/01/2024 I received the attached (dated 22/12/2023) from London Parking Solutions. They allege that I was parked outside a designated parking space. My vehicle was parked with the nearside wheels slightly encoaching into the yellow hatched zone of an oversized disabled parking bay. This was the case only as the car parked to my left was encroaching into the space I had parked in and the car park was full leaving me with no option but to park how I did. I, myself, am a Blue Badge holder and my badge was correctly displayed for the duration of the time I was parked.
I submitted an appeal to LPS via the PayMyPcn website setting out my mitigation and promptly received a response to the effect that the driver is responsible for this matter and as I had appealed in my capacity as the RK, they would not be considering it and indeed that it would be deleted from their systems.
I had wanted to take care of this matter myself as the person driving me on the day in question has rather unexpectedly had to relocate abroad due to family problems and will not be returning to the UK.I have contacted the driver and he has said that he is (somewhat reluctantly) agreeable to my passing his name/address details to LPS. Is this a reasonable thing to do now?
I was under the impression that I had 28 days from the date of "service" of LPS's NtK in order to pay, appeal of provide drivers details. Their notice gives the impression that it is 28 days from the date the NtK was issued. Can you advise on this please?
Thank you in anticipation of your helpful advice and guidance.
[ Guests cannot view attachments ]
You have a number of courses that should make this go away. If you're telling the truth about the driver, then the easiest course would be to provide the driver's name and overseas address. My only hesitation is that in your first paragraph you seem to be saying that it was you who parked.
If you are telling the truth about the driver and misspoke in your first paragraph, you should correct that paragraph to make it clear that you were the passenger and that your driver parked as they did in order to provide you with the extra space you needed as a result of your disability. You can pick and choose from the points raised in the following draft, or throw in the whole kitchen sink.
BY EMAIL: info@londonparkingsolutions.co.uk
Dear Sirs,
Please note that, although I am the registered keeper of this vehicle I was not the driver on this occasion. I was a passenger. The driver's name and residential address for service are as follows:
[name and overseas address]
Furthermore, I am a disabled motorist and my driver parked as they did in order to provide me with sufficient room to exit the car and re-enter it in view of my disability. My disabled motorist's blue badge was on display at all material times. I require you to cancel the PCN by way of reasonable adjustment in accordance with your obligations under the Equality Act 2010.
Finally, as your PCN does not comply with the requirements for keeper liability under Schedule 4 to the Protection of Freedoms Act 2012, you cannot hold me liable.
You no longer have a legitimate reason to keep my personal data and I require you to erase them from your records. If you do not normally deal with data erasure requests, you should pass this message to your data protection officer.
I have attached a copy of my vehicle V5C registration document to show that I am the correct data subject.
Please do not communicate with me again seeking payment of this parking charge. Any such communication will be treated as harassment and breach of my data privacy rights in relation to which I reserve the right to claim compensation.
Hi Nosy Parker.
Thank you for your reply. I don't believe I said it was me who parked the car. LPS's letter, addressed to me, alleges that I was parked outside a designated parking space. I don't think that can give rise to the interpretation you suggest. No matter, if I can I will amend the original so there can be no doubt in anyone's mind as to the fact that I was the passenger on this occasion.
Thank you for taking the time to draft a suggested reply. That's most helpful. When you say that LPS's letter (PCN) does not comply with Sch.4 of POFA, what do you mean please? I'm not questioning that it does not but I should like to understand why it doesn't.
Also my vehicle is on lease from Motability so I do not have the V5C - Motability hold these. Is there an alternative document I could use. Or I could ask Motability for a copy I suppose?
Thanks again
On 03/01/2024 I received the attached (dated 22/12/2023) from London Parking Solutions. They allege that I was parked outside a designated parking space. My vehicle was parked with the nearside wheels slightly encoaching into the yellow hatched zone of an oversized disabled parking bay. This was the case only as the car parked to my left was encroaching into the space I had parked in and the car park was full leaving me with no option but to park how I did. I, myself, am a Blue Badge holder and my badge was correctly displayed for the duration of the time I was parked.
I submitted an appeal to LPS via the PayMyPcn website setting out my mitigation and promptly received a response to the effect that the driver is responsible for this matter and as I had appealed in my capacity as the RK, they would not be considering it and indeed that it would be deleted from their systems.
I had wanted to take care of this matter myself as the person driving me on the day in question has rather unexpectedly had to relocate abroad due to family problems and will not be returning to the UK.I have contacted the driver and he has said that he is (somewhat reluctantly) agreeable to my passing his name/address details to LPS. Is this a reasonable thing to do now?
I was under the impression that I had 28 days from the date of "service" of LPS's NtK in order to pay, appeal of provide drivers details. Their notice gives the impression that it is 28 days from the date the NtK was issued. Can you advise on this please?
Thank you in anticipation of your helpful advice and guidance.
Thank you for your reply. I don't believe I said it was me who parked the car. LPS's letter, addressed to me, alleges that I was parked
There's a subtle but important misreading of the letter here. LPS' letter does not allege that
you were parked outside a designated parking space, it alleges that "the driver" was, and they make no allegations as to who that driver was. The wording of your post, on the other hand, does.
I believe Motability provide copies of V5Cs if customers request them.
In the first paragraph of your first post you wrote:
This was the case only as the car parked to my left was encroaching into the space I had parked in and the car park was full leaving me with no option but to park how I did (emphasis added for clarity).
The notice doesn't even purport to hold the keeper liable under POFA. Apart from any other POFA failures it does not contain the mandatory warning required by POFA paragraph 9(2(f).
It's irrelevant that Motability holds the physical V5C registration certificate. What's important is whose name and address appear on the register at the DVLA. My understanding is that Motability usually registers the hirer's name and address with the DVLA, and this is borne out in your case by the notice to keeper being addressed to you rather than Motability.
The notice doesn't even purport to hold the keeper liable under POFA.
They do claim they can near the bottom:
"If you fail to provide the driver's name and address and pass this notice to the driver and the amount remains outstanding after 28 days, the Creditor has the right to recover unpaid parking charges from the registered keeper in accordance with POFA 2012"
Not that that makes it compliant, of course!
Oh crikey, yes, you are absolutely correct. Force of habit perhaps (as I do drive sometimes), haste or more likely a senior moment
Attention to detail is not a forte! Fortunately in the appeal I made to LPS I made it abundantly clear that I was not the driver. That said, they dismissed this out of hand without even addressing the issues raised.
Thanks for the clarification on the POFA question.
I've just been on to Motability who have sent me a copy of the V5C by email.
In the first paragraph of your first post you wrote:
This was the case only as the car parked to my left was encroaching into the space I had parked in and the car park was full leaving me with no option but to park how I did (emphasis added for clarity).
The notice doesn't even purport to hold the keeper liable under POFA. Apart from any other POFA failures it does not contain the mandatory warning required by POFA paragraph 9(2(f).
It's irrelevant that Motability holds the physical V5C registration certificate. What's important is whose name and address appear on the register at the DVLA. My understanding is that Motability usually registers the hirer's name and address with the DVLA, and this is borne out in your case by the notice to keeper being addressed to you rather than Motability.