Hi all long time follower first time making an account and posting.
Received a parking charge notice from my works carpark managed by open parking in Liverpool for being parked on a cross hatch when the carpark was full. Bear in mind the driver comes to work 45 mins early every day to get a space and this time it was full and had to park on a crosshatch. Not dangerously or in the way but on a crosshatch. When the driver entered the carpark they were charged to park in the carpark and so if they were to leave the carpark and park somewhere else they would be paying twice. That bit of backstory is just to add context as to why i am frustrated about the ticket. I have now received a letter from open parking northampton saying that the driver is invited to pay a £60 parking charge.
After a bit of research open parking are a member of a trade body as i understand my options seem to be ignore, send them a letter saying i am not going to pay or appeal.
Looking for advice as i don't want to pay the charge but i also don't want debt collectors coming after me or a CCJ.
Any advise is appreciated thanks!
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I note you've made some changes. There is still some detail in there I'd be inclined to remove.
The parking operator cannot pursue you as the keeper as the NtK fails to meet the requirements of PoFA - specifically:
Paragraph 8(2)(a) - Failure to Specify the Period of Parking The NtK only lists a single moment in time rather than the actual period the vehicle was parked.
There are probably other failures to but my brain isn't working and it doesn't really matter at this stage.
Since you have missed the chance to appeal, you have two options:
1. Ignore the NtK and the likely debt collection letters to follow
2. Complain to the operator, including details of an appeal as follows:
PCN No: [PCN NUMBER]
Vehicle Registration Mark: [VRM]
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. Open Parking has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. You are urged to save us both a complete waste of time and cancel the PCN.
Any mitigating circumstances are irrelevant at this stage. And in your case, I don't imagine they'd get you anywhere in court either. The chances are it will never make it there and if they do, I would offer you a 99%+ chance of success if you follow the advice on this forum.
Rest assured that there is no risk of a CCJ. Even if it proceeds to court - so long as you pay you will have no issues.
That sign is incapable of forming a contract as the terms are illegible, even if it was in focus. You can appeal but you must only do so as the Keeper. They have no idea of the drivers identity unless you blab it to them, inadvertently or otherwise. You must always refer to the driver in the third person. No "I did tis or that". Only "the driver did this or that".
Thank you both for the replies i really appreciate you taking the time, its been very helpful.
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