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Parking "ticket" - empty car park on Good Friday
Magsmagsmags
post Fri, 3 May 2019 - 08:27
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Hi folks

Not a stranger to these forums, but not had any issues for a while. Last time the keeper had a parking notice it was a case of just ignoring it. It has changed a bit since then!

Anyway, on Good Friday the keeper popped into town for 10 minutes. There is a small car park (20-30 spaces maybe?) behind a row of shops, that services a building which a few local business operate out of. I used to park here often, a friend of the keeper works there and they gave them the code for the barriers in place so long as it was only used on evenings and weekends as the car park is empty. They've now ditched the barriers and got CCTV and a private company to manage the parking.

This was the only car there, parked for around 10 minutes. There's absolutely 0 chance of any losses occurring due to anyone parking there.

Notice attached below. Would appreciate a best course of action as it's been a while.


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This post has been edited by Magsmagsmags: Sat, 4 May 2019 - 00:29
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post Fri, 3 May 2019 - 08:27
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ostell
post Fri, 3 May 2019 - 08:45
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Edit your post so that the identity of the driver cannot be inferred. Use "the driver......" etc.

Take down the PCN and put up again with your VRM removed from the body of the text and also the back of the PCN as the front is not capable of holding the keeper liable.

If the back of the PCN does not contain the required detail then:

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act.

In addition you have not given the invitation to keeper as prescribed by 9 (2) (e) of the same act.

You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc


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Magsmagsmags
post Fri, 3 May 2019 - 08:54
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QUOTE (ostell @ Fri, 3 May 2019 - 09:45) *
Edit your post so that the identity of the driver cannot be inferred. Use "the driver......" etc.

Take down the PCN and put up again with your VRM removed from the body of the text and also the back of the PCN as the front is not capable of holding the keeper liable.

If the back of the PCN does not contain the required detail then:

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act.

In addition you have not given the invitation to keeper as prescribed by 9 (2) (e) of the same act.

You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc


First class post with free Certificate of Posting from any Post Office.


Thanks - rookie error that

The keeper does not have it to hand, but will check. After searching the forums it looks like a lot of people have used this response to Smart Parking so the keeper will check later and do as you've suggested if so, thank you. If not, they will report back.

This post has been edited by Magsmagsmags: Fri, 3 May 2019 - 10:23
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ostell
post Fri, 3 May 2019 - 10:07
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*******

This post has been edited by ostell: Fri, 3 May 2019 - 13:10
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Magsmagsmags
post Fri, 3 May 2019 - 10:23
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QUOTE (ostell @ Fri, 3 May 2019 - 11:07) *
Do you mean the keeper does not have it to hand?


I do rolleyes.gif
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Jlc
post Fri, 3 May 2019 - 10:51
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QUOTE (Magsmagsmags @ Fri, 3 May 2019 - 09:27) *
There's absolutely 0 chance of any losses occurring due to anyone parking there.


QUOTE (Magsmagsmags @ Fri, 3 May 2019 - 09:27) *
It has changed a bit since then!


rolleyes.gif

Indeed, in general a 'loss' is not a consideration. (ParkingEye v Beavis)

...but these lot are easy to beat anyway and are not currently litigious.


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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Magsmagsmags
post Wed, 15 May 2019 - 09:05
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Hi folks, apologies i've been away so not updated.

Before i send the above, can I just check whether the recommendation is just to send the letter as is, or whether to include the original notice / challenge slip?
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ostell
post Wed, 15 May 2019 - 09:54
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Just the letter
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Magsmagsmags
post Thu, 23 May 2019 - 13:58
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PCN Cancelled - thanks folks!
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