PPC has requested Driver details before considering appeal |
PPC has requested Driver details before considering appeal |
Wed, 9 Jan 2019 - 20:28
Post
#1
|
|
New Member Group: Members Posts: 4 Joined: 9 Jan 2019 Member No.: 101,811 |
Hi,
I could really use some advice please to help me out. I received a £100 parking notice by post for 'whole period of parking not paid for' - photos of the vehicle entering and exiting the car park are shown on the letter from their camera equipment. On arrival, the pay by phone system was not working correctly so it took over 10 mins to obtain a ticket after the vehicle had entered the car park and was parked in a space. Vehicle entered the car park at 11:00am, it took 11 minutes to get the paybyphone ticket - I know this as I have phone records of the calls made to the paybyphone. One hours parking was finally accepted and paid for and then the vehicle left the parking space at approx 77 mins and exited the car park at 80 mins. I wrote to the parking company to appeal. They have responded acknowledging my letter but have not given a decision - instead they are now asking for the driver details quoting the PoFA 2012 before they will consider the appeal. I went back to the car park to get pictures and their signage states that parking period commences on entry with a 15 minute drop off / pick up allowed. So the 'overstay' in their eyes is 5 minutes as the vehicle was in the car park for 80 mins (paid for 60mins + 15 min drop off period = 75 mins) but does not allow for the fact their equipment was faulty to obtain a ticket. The signage is impossible to see on entry to the car park. I also raised the issue with their faulty paybyphone equipment. My questions are: 1. Should I provide them with the driver details? If I do not provide the driver details are they still obliged to consider my appeal (and assuming they reject it) will they have to give me a code so that I can appeal to POPLA? 2. Do I have any chance of having my appeal upheld by PoPLA? I appreciate that I may have missed out some details, but am very greatful for you taking the time to read my post. Many thanks in advance for your help. |
|
|
Advertisement |
Wed, 9 Jan 2019 - 20:28
Post
#
|
Advertise here! |
|
|
|
Wed, 9 Jan 2019 - 21:30
Post
#2
|
|
Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
NEVER tell a parking company who was driving
Which company ? |
|
|
Wed, 9 Jan 2019 - 21:38
Post
#3
|
|
Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
...instead they are now asking for the driver details quoting the PoFA 2012 before they will consider the appeal. How perverse. PoFA allows them to pursue the keeper as long as they have complied. It does not give them any authority to 'demand' the driver nor deny the keeper any appeal if they want to pursue them. This post has been edited by Jlc: Thu, 10 Jan 2019 - 10:19 -------------------- 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. |
|
|
Wed, 9 Jan 2019 - 22:40
Post
#4
|
|
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
It would help if you posted up a redacted copy of the PCN received to see if it actually complies with POFA
No, no legal requirement to name the driver. Here's POFA |
|
|
Wed, 9 Jan 2019 - 23:12
Post
#5
|
|
New Member Group: Members Posts: 4 Joined: 9 Jan 2019 Member No.: 101,811 |
Company is Premier Park.
|
|
|
Wed, 9 Jan 2019 - 23:28
Post
#6
|
|
New Member Group: Members Posts: 4 Joined: 9 Jan 2019 Member No.: 101,811 |
|
|
|
Thu, 10 Jan 2019 - 03:42
Post
#7
|
|
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
So they're not "asking for the driver details quoting the PoFA 2012 before they will consider the appeal" at all are they!
What they have said is true (assuming they've met the requirements of PoFA), either name the driver or you are liable as keeper, nothing I see there stops you appealing as keeper? -------------------- 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 |
|
|
Thu, 10 Jan 2019 - 07:58
Post
#8
|
|
New Member Group: Members Posts: 4 Joined: 9 Jan 2019 Member No.: 101,811 |
Thanks - so would you still recommend that the driver details are not provided?
|
|
|
Thu, 10 Jan 2019 - 09:35
Post
#9
|
|
Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Of course, never give away drivers details, you are appealing as the keeper.
-------------------- 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 |
|
|
Thu, 10 Jan 2019 - 10:13
Post
#10
|
|
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
So , in summary, the keeper can be held liable only if they comply with the requirements of POFA
So post up a redacted copy of the PCN received to see if they did comply. Leave the dates. |
|
|
Thu, 10 Jan 2019 - 10:46
Post
#11
|
|
Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
|
|
|
Lo-Fi Version | Time is now: Friday, 29th March 2024 - 07:25 |