Parking Eye, Not registered keeper |
Helping the motorist get justice 
Helping the motorist get justice
Parking Eye, Not registered keeper |
 Tue, 20 Oct 2020 - 08:36
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#1
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Member Group: Members Posts: 14 Joined: 3 Apr 2020 Member No.: 108,417  |
Hey All,
My father in law Got a parking eye fine through the post as he is the registered keeper. However, he wasn't the driver Is there any way my father in law can declare he wasn't driving the vehicle, leaving it up to the private firm to find out who was? The driver overstayed the welcome by about 4 hours, so there is no excuse on that front, the car park is well sign posted too Or will this land on his lap totally if they cannot obtain who was driving This post has been edited by Jrow: Tue, 20 Oct 2020 - 09:40 |
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Tue, 20 Oct 2020 - 08:36
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Tue, 20 Oct 2020 - 09:10
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#2
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 Member Group: Members Posts: 41,585 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
QUOTE (Jrow @ Tue, 20 Oct 2020 - 09:36)  Is there any way my father in law can declare he wasn't driving the vehicle, leaving it up to the private firm to find out who was? If they have complied with the Protection of Freedoms Act then they can pursue your FIL if he didn't discharge his liability. (And that means providing a serviceable name and address of the driver - a denial is not sufficient). Does the reverse of the PCN mention PoFA? QUOTE (Jrow @ Tue, 20 Oct 2020 - 09:36) Or will this land on his lap totally if they cannot obtain who was driving Possibly, see above. -------------------- 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. |
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Tue, 20 Oct 2020 - 09:20
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#3
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Member Group: Members Posts: 1,900 Joined: 16 Jul 2015 Member No.: 78,368 |
Just in case they haven't complied with PoFA, best to edit your post and give no indication as to who may have drove the vehicle.
Refer only to "the driver" did this or that. Also, more details of the parking event needed. |
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Tue, 20 Oct 2020 - 09:42
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#4
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Member Group: Members Posts: 14 Joined: 3 Apr 2020 Member No.: 108,417 |
QUOTE (Jlc @ Tue, 20 Oct 2020 - 10:10) QUOTE (Jrow @ Tue, 20 Oct 2020 - 09:36) Is there any way my father in law can declare he wasn't driving the vehicle, leaving it up to the private firm to find out who was? If they have complied with the Protection of Freedoms Act then they can pursue your FIL if he didn't discharge his liability. (And that means providing a serviceable name and address of the driver - a denial is not sufficient). Does the reverse of the PCN mention PoFA? QUOTE (Jrow @ Tue, 20 Oct 2020 - 09:36) Or will this land on his lap totally if they cannot obtain who was driving Possibly, see above. I have just checked and the reverse does have a paragraph under the protection of freedom act |
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Tue, 20 Oct 2020 - 10:06
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#5
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Member Group: Members Posts: 41,585 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
QUOTE (Jrow @ Tue, 20 Oct 2020 - 10:42) I have just checked and the reverse does have a paragraph under the protection of freedom act Ok, then they have almost certainly complied to pursue him for the driver's unpaid parking charge. He has a choice - fight it himself or name the driver. We don't know what happened 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. |
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Tue, 20 Oct 2020 - 10:18
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#6
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Member Group: Members Posts: 14 Joined: 3 Apr 2020 Member No.: 108,417 |
QUOTE (Jlc @ Tue, 20 Oct 2020 - 11:06) QUOTE (Jrow @ Tue, 20 Oct 2020 - 10:42) I have just checked and the reverse does have a paragraph under the protection of freedom act Ok, then they have almost certainly complied to pursue him for the driver's unpaid parking charge. He has a choice - fight it himself or name the driver. We don't know what happened to advise further? Sorry mate I edited my original post The driver over stayed by roughly 4 hours, the car park is well signed so theres no real excuse other than the fact they didnt realise at the time |
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Tue, 20 Oct 2020 - 10:22
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#7
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 Member Group: Members Posts: 56,261 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
OK, so it will come down to whether you have a defence based on poor signage (and standing, although PE are usually very good on that).
PE are one of the most litigious of the parking companies and a claim is likely, so if you have no signage defence it may be best to pay up unless your happy to risk a court claim with not a great chance of winning. -------------------- 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 |
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Tue, 20 Oct 2020 - 10:31
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#8
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Member Group: Members Posts: 41,585 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
QUOTE (Jrow @ Tue, 20 Oct 2020 - 11:18) ...no real excuse other than the fact they didnt realise at the time In the famous words of the Supreme Court judge Lord Neuberger, "All that he needed was a watch". Unless the landowner is willing to assist it may be worth considering the discounted charge. -------------------- 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. |
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Tue, 20 Oct 2020 - 10:57
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#9
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Member Group: Members Posts: 14 Joined: 3 Apr 2020 Member No.: 108,417 |
QUOTE (Jlc @ Tue, 20 Oct 2020 - 11:31) QUOTE (Jrow @ Tue, 20 Oct 2020 - 11:18) ...no real excuse other than the fact they didnt realise at the time In the famous words of the Supreme Court judge Lord Neuberger, "All that he needed was a watch". Unless the landowner is willing to assist it may be worth considering the discounted charge. Cheers for the advice chaps Just a quick one, they are offering £60 early payment, if ignored do they increase beyond the £100 or offer further reductions? I know that sounds silly but before i pay up its worth knowing |
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Tue, 20 Oct 2020 - 11:09
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#10
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Member Group: Members Posts: 56,261 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
It won't get cheaper than £60.
-------------------- 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 |
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Tue, 20 Oct 2020 - 13:25
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#11
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Member Group: Members Posts: 41,585 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
QUOTE (The Rookie @ Tue, 20 Oct 2020 - 12:09) It won't get cheaper than £60. If PE take it to court they don't play silly escalation games like many other parking companies. They simply claim their fixed court costs. If it goes all the way to a hearing then it will be around £200. -------------------- 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. |
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