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Parking Charge Notice
Korting
post Tue, 2 Jan 2018 - 12:52
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A car for which I am the registered keeper was driven up to Manchester in October. It was parked in Pollard Street Metrolink Car Park (New Islington station) on in what I understand is a very poorly marked bay, but nevertheless in the bay. The driver paid for 4 days.

When they returned, they found that someone (a third party) had slightly moved the car and it was just over the bay markings and a ticket had been issued.

I understand that as registered keeper I am not under any legal requirement to name the driver, (assuming I knew) and cannot be held responsible for this PCN

No pictures of the vehicle were taken as there should be no need to do so but there were several people in the car who could be witness's.

Furthermore on the original PAYMENT OVERDUE notice, it states that if payment is not received within 14 days, there may be additional charges, but it doesn't state how much, surely that is illegal.

The car was parked in the morning of day 1, but no ticket was issued until day 2, this seems to back up what has been said about the car being moved.

Here are scans of the documents:







I have removed all information including the bar code, that could be used to identify the notice


I was considering writing the following:


Dear

I as registered keeper have received your Parking Charge Notice ---------

The driver of the vehicle and only the driver is liable for this parking charge notice. The registered keeper has no liability whatsoever.

I have been informed by the driver that the vehicle was parked correctly within a marked bay, but when they returned to the car a couple of days later, they saw that it had been moved and a ticket issued.

Neither myself as registered keeper nor the driver can be held responsible for the actions of a 3rd party.

I suggest you therefore cancel this charge.



What do others think.

This post has been edited by Korting: Tue, 2 Jan 2018 - 12:53
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post Tue, 2 Jan 2018 - 12:52
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Korting
post Fri, 5 Jan 2018 - 21:58
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So what you are saying is write this, but nothing more:


QUOTE
I as the registered keeper of the vehicle xx xx xxx am in receipt of you Parking Charge Notice Payment overdue and subsequent Final reminder.

I am the keeper of vehicle xxxx which is the subject of your PCN xxxxx.

The keeper cannot be held liable for the actions of the driver as the Notice to Keeper does not attempt to hold the keeper liable with the requirements of Schedule 4 of the Protection Of Freedoms Act 2012, namely, but not limited to, failing to deliver the notice within the relevant period contrary to paragraph 8 (4). The only liability is with the driver, whom I have no legal requirement to name, and will not be doing so. I do not expect to hear from you again other than to confirm that no further action is being taken on this matter.

The conditions state that a vehicle must be parked in a bay, but does not say wholly in a bay.

I have spoken to the driver, who tells me that the car was parked within the very poorly marked bay.

Bearing in mind the foregoing, I expect you to cancel this PCN and write to me informing me of the fact.


Is this correct?

This post has been edited by Korting: Fri, 5 Jan 2018 - 21:58
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ostell
post Fri, 5 Jan 2018 - 23:07
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Don't even include the last 3 sentences, you're giving them something to argue about. The last sentence has already been said at the end of the 3rd paragraph.
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Korting
post Sat, 6 Jan 2018 - 09:52
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Letter will be sent this afternoon
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Korting
post Sat, 6 Jan 2018 - 19:15
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The letter was sent after the 56 day period,

Date of original notice 02/10/17, Date of Payment overdue notice 08/12/17. Which I make is 67 days, Do I need to add this to my letter.

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SchoolRunMum
post Sat, 6 Jan 2018 - 21:20
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Yes as long as nothing identifies the driver. And get a free certificate of posting from the PO Counter, don't just pop it in a postbox.
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Korting
post Sat, 13 Jan 2018 - 12:44
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Sent letter off on Monday recorded delivery, should have been received Tuesday/Wednesday.

On Thursday without replying or acknowledging my letter I received the following NOTICE OF IMPENDING LEGAL ACTION





So what now?

I could write to them again, enclosing a copy of my original letter, They still do not know who the keeper is, they haven't acknowledged my letter,

I feel this should be done sooner rather than later.

Michael
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ostell
post Sat, 13 Jan 2018 - 13:07
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Could have just crossed in the post but tobe on the safe side remind them that you did send a letter but have had no response.
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Korting
post Sat, 13 Jan 2018 - 23:45
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Anything else?

If they issue proceedings do I as registered keeper have to go to Manchester or can it be heard in London?

This post has been edited by Korting: Sun, 14 Jan 2018 - 12:49
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ostell
post Sun, 14 Jan 2018 - 08:38
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You are the KEEPER. They don't know the driver do they? edit.

No you select a court that is convenient for you. They may ask that it is a paper only hearing but you object to that.
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nosferatu1001
post Mon, 15 Jan 2018 - 07:54
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Please, spend a few minutes resear ching how small claims works. It saves you posting questions asked, and answered, 100 times before.
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ostell
post Mon, 15 Jan 2018 - 08:38
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QUOTE (Korting @ Sat, 13 Jan 2018 - 12:44) *
Sent letter off on Monday recorded delivery, should have been received Tuesday/Wednesday.


You were advised to send with free proof of posting, have the signed for the document or just refused it?
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Korting
post Mon, 15 Jan 2018 - 10:25
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The answer is I dont know because my daughter, didn't keep the post office receipt!

I've sent it again by email and I will be sending it again by recorded delivery.

But I got an automated response from SIP

QUOTE
Thank you for your email, we have received your email and will be back in touch with you as soon as possible.

PLEASE NOTE: any email related to Parking Charge Notices (PCN's) will not be responded too.

Any correspondence related to a PCN can be served via http://www.sipcarparks.co.uk/Appeals or by writing to SIP Parking Limited, PO BOX 5450, Manchester, M61 0JX.

It may take up to 10 working days to reply, should we expect it to take longer we will let you know.


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kommando
post Mon, 15 Jan 2018 - 11:26
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QUOTE
I've sent it again by email and I will be sending it again by recorded delivery.


NOT recorded, they can refuse to sign and then there is no record of delivery, post it first class at a post office counter and keep the receipt.

This post has been edited by kommando: Mon, 15 Jan 2018 - 11:26
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