payment by card |
Helping the motorist get justice 
Helping the motorist get justice
payment by card |
 Thu, 14 Nov 2019 - 20:26
Post
#1
|
|
|
Member Group: Members Posts: 49 Joined: 5 Feb 2019 Member No.: 102,286  |
If the driver used my debit card to pay for parking, does that mean I am liable for the fine?
|
 |
 
|
 |
| Advertisement |
Thu, 14 Nov 2019 - 20:26
Post
#
|
 Advertise here! |
|
|
|
|
|
Thu, 14 Nov 2019 - 20:53
Post
#2
|
|
 Member Group: Members Posts: 41,580 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
QUOTE (timbuktumaster @ Thu, 14 Nov 2019 - 20:26)  If the driver used my debit card to pay for parking, does that mean I am liable for the fine? Yes, no, maybe. If they have complied with the Protection of Freedoms Act then they can pursue the keeper (is that you?) for the driver's unpaid parking charge. We have no information to advise further... -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
|
|
|
|
Sun, 17 Nov 2019 - 10:36
Post
#3
|
|
|
Member Group: Members Posts: 49 Joined: 5 Feb 2019 Member No.: 102,286 |
To clarify: I am the registered keeper. My debit card was used to pay for the parking.
|
|
|
|
|
Sun, 17 Nov 2019 - 10:38
Post
#4
|
|
|
Member Group: Members Posts: 41,580 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
...then they could pursue you if they have complied with PoFA. (Regardless of the payment card)
The driver always forms the alleged contract. -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
|
|
|
|
Sun, 17 Nov 2019 - 13:05
Post
#5
|
|
|
Member Group: Members Posts: 49 Joined: 5 Feb 2019 Member No.: 102,286 |
The situation is that the driver parked the car, I paid for the parking on request of the driver via the app on my phone that I always use. I appealed the Notice to Keeper that I received and received this reply
  Since my payment card was used to pay for the parking, will be assumed that I was the driver? |
|
|
|
|
Sun, 17 Nov 2019 - 14:27
Post
#6
|
|
|
Member Group: Members Posts: 41,580 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Was a PCN placed on the car? Or was it issued by post?
-------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
|
|
|
|
Sun, 17 Nov 2019 - 14:34
Post
#7
|
|
|
Member Group: Members Posts: 2,056 Joined: 20 May 2013 Member No.: 62,052 |
If it ever went to court, the judge would have to decide, on balance of probabilities, whether you were the driver. You present a WS which says that you were a passenger but not the driver of the car, and that you paid for the parking on behalf of the driver. This is evidence, which the judge is entitled to give whatever weight to that they feel is appropriate. The PPC in court can present exactly zero evidence which contradicts your WS. So they would be stuffed, basically.
|
|
|
|
|
Sun, 17 Nov 2019 - 20:49
Post
#8
|
|
|
Member Group: Members Posts: 49 Joined: 5 Feb 2019 Member No.: 102,286 |
QUOTE (Jlc @ Sun, 17 Nov 2019 - 14:27) Was a PCN placed on the car? Or was it issued by post? It was issued by post, ANPR system - their NTK was POFA compliant, I couldn't find any holes in it. I appealed using template on MSE forum. Would be really grateful for advice as to my next step if anyone could help - I'm not sure what to do. Thread here for the original ticket: http://forums.pepipoo.com/index.php?showto...p;#entry1524518 This post has been edited by timbuktumaster: Sun, 17 Nov 2019 - 20:53 |
|
|
|
|
Sun, 17 Nov 2019 - 22:03
Post
#9
|
|
 Member Group: Members Posts: 56,260 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
So it had period of parking? I’ll bet it didn’t.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
|
|
|
|
Mon, 18 Nov 2019 - 21:58
Post
#10
|
|
|
Member Group: Members Posts: 49 Joined: 5 Feb 2019 Member No.: 102,286 |
QUOTE (The Rookie @ Sun, 17 Nov 2019 - 22:03) So it had period of parking? I’ll bet it didn’t. It had the time I entered and left the carpark captured on ANPR |
|
|
|
|
Tue, 19 Nov 2019 - 12:03
Post
#11
|
|
|
Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
By definition, that isnt parking.
If you have an original thread, instead of us guessing whats bloody gone on, you post into that thread. Please ask a mod to kindly merge your thread. |
|
|
|
 |
|
Lo-Fi Version | Time is now: Tuesday, 16th April 2024 - 03:33 |
