PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

PPC has requested Driver details before considering appeal
brucester
post 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.
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 10)
Advertisement
post Wed, 9 Jan 2019 - 20:28
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Redivi
post 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 ?
Go to the top of the page
 
+Quote Post
Jlc
post 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



QUOTE (brucester @ Wed, 9 Jan 2019 - 20:28) *
...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.
Go to the top of the page
 
+Quote Post
ostell
post 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
Go to the top of the page
 
+Quote Post
brucester
post 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.
Go to the top of the page
 
+Quote Post
brucester
post Wed, 9 Jan 2019 - 23:28
Post #6


New Member


Group: Members
Posts: 4
Joined: 9 Jan 2019
Member No.: 101,811



Redacted copy of letter attached.
Attached thumbnail(s)
Attached Image
 
Go to the top of the page
 
+Quote Post
The Rookie
post 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
Go to the top of the page
 
+Quote Post
brucester
post 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?
Go to the top of the page
 
+Quote Post
The Rookie
post 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
Go to the top of the page
 
+Quote Post
ostell
post 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.
Go to the top of the page
 
+Quote Post
Redivi
post Thu, 10 Jan 2019 - 10:46
Post #11


Member


Group: Members
Posts: 4,126
Joined: 31 Jan 2018
Member No.: 96,238



QUOTE (The Rookie @ Thu, 10 Jan 2019 - 09:35) *
Of course, never give away drivers details, you are appealing as the keeper.

One exception - a driver that lives abroad

POFA doesn't require a UK address

This post has been edited by Redivi: Thu, 10 Jan 2019 - 10:47
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Friday, 29th March 2024 - 07:25
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here