PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

parking ticket for parking in the disabled bay - should I pay or appeal
spurga
post Thu, 18 Jan 2018 - 23:39
Post #1


New Member


Group: Members
Posts: 8
Joined: 28 Mar 2014
Member No.: 69,751



Thank you for your advice.

This post has been edited by spurga: Sat, 20 Jan 2018 - 01:58
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 14)
Advertisement
post Thu, 18 Jan 2018 - 23:39
Post #


Advertise here!









Go to the top of the page
 
Quote Post
hexaflexagon
post Fri, 19 Jan 2018 - 01:07
Post #2


Member


Group: Members
Posts: 884
Joined: 18 Apr 2015
From: Oop t'north
Member No.: 76,816





First of all edit your post and refer only to stuff like, "The driver needed to...The driver arrived....i.e. leave out the first person. Never name the driver

The general advice is to ignore this until day 26 from the issue date and then appeal as the Registered Keeper only and wait to see if they send a fully POFA compliant NTK. Check with a fine tooth comb when it comes to see it meets all the requirements.

Take a picture of the area at the same time in the dark. If it really is difficult to see any any bay markings then that will help in any defence should that be necessary. Were there any posted signs? If so upload pictures so we can see what they say since poorly list signs or markings are likely to be your only defence.
Go to the top of the page
 
+Quote Post
Jo Carn
post Fri, 19 Jan 2018 - 13:29
Post #3


Member


Group: Members
Posts: 546
Joined: 22 Mar 2016
Member No.: 83,162



Agree about editing your post as you NEVER admit to being the driver. Definitely agree about getting photos.

Don't agree about sending a letter. Let them send the Notice to Keeper first.
Also, please post the paperwork you were given. Remove number plate. Leave everything else.

Charges like this are subject to a piece of legislation called Protection of Freedoms Act 2012. Go to Chapter 9 of schedule 4. You will see that the documentation is very prescriptive and is mandatory. That means if they get it wrong, it has no legal standing. This is also why you wait for the Notice to Keeper - it's another chance for them to get it wrong.

Don't be intimidated by any paperwork you get. These are not parking fines as you understand them (such as from the council). In fact, if you read carefully, the paperwork will not say Penalty Charge but Parking Charge. They generally get their money by scaring people into submission. We are here to help.
Go to the top of the page
 
+Quote Post
Jlc
post Fri, 19 Jan 2018 - 14:05
Post #4


Member


Group: Members
Posts: 26,919
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



QUOTE (spurga @ Thu, 18 Jan 2018 - 23:39) *
Can I appeal on the grounds of his error or also that it was dark and hard to see the markings? Or shall I just suck it up and pay? Thank you for your advice.

You can appeal on whatever you like - but they will reject.

They aren't currently litigious and I wouldn't pay them in these circumstances. Start collecting evidence should they decide to take action - they have 6 years to pursue.

See the above advice about frustrating the process.


--------------------
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.
Go to the top of the page
 
+Quote Post
cabbyman
post Fri, 19 Jan 2018 - 14:10
Post #5


Member


Group: Members
Posts: 5,396
Joined: 15 Dec 2007
From: Hampshire
Member No.: 16,066



Jo, the OP is recommended to appeal as registered keeper at day 25/26 when a NtD is involved.

PoFA requires the PPC to obtain RK details from DVLA for the issue of the NtK. In some cases, the PPC is so overjoyed at having RK's details without having to contact DVLA that they forget it's part of the Act. It adds another appeal point.

However, I agree about ensuring the driver is not identified and the original post should be EDITED to refer only to 'the driver.' This is CRUCIAL.

Draft your initial appeal, based upon reading other recent cases on here, and post it here for fine tuning.


--------------------
Cabbyman 8 PPCs 0
Go to the top of the page
 
+Quote Post
ostell
post Fri, 19 Jan 2018 - 14:19
Post #6


Member


Group: Members
Posts: 6,269
Joined: 8 Mar 2013
Member No.: 60,457



POFA is the reason for sending the appeal as the keeper so that it is received just before the last day allowed for appealing. The PPC will be so pleased to not have to spend £2.50 at the DVLA to retrieve the keeper's details. They may not then send a Notice to Keeper and without a notice to keeper there can be no keeper liability. . If they do send a Notice to Keeper but haven't contacted the DVLA then they again can't hold the keeper liable. If they do send a Notice to Keeper than it also has to comply with the requirement of POFA. Doing things this way has been known to work.

This post has been edited by ostell: Fri, 19 Jan 2018 - 14:20
Go to the top of the page
 
+Quote Post
cabbyman
post Fri, 19 Jan 2018 - 14:25
Post #7


Member


Group: Members
Posts: 5,396
Joined: 15 Dec 2007
From: Hampshire
Member No.: 16,066



Once the NtK has been received, the RK should contact DVLA on SubjectAccess.Requests@dvla.gsi.gov.uk to ask if details were obtained between dates xx/xx/xxxx and yy/yy/yyyy.


--------------------
Cabbyman 8 PPCs 0
Go to the top of the page
 
+Quote Post
spurga
post Fri, 19 Jan 2018 - 22:27
Post #8


New Member


Group: Members
Posts: 8
Joined: 28 Mar 2014
Member No.: 69,751



Here are the photos at the car park and the PCN.
The Reg is correct, the car make and colour on the ticket are wrong.






Go to the top of the page
 
+Quote Post
cabbyman
post Sat, 20 Jan 2018 - 12:04
Post #9


Member


Group: Members
Posts: 5,396
Joined: 15 Dec 2007
From: Hampshire
Member No.: 16,066



Make and colour are irrelevant in this instance.

Appeal at day 25-26 as RK to get POPLA code. After they reject, E mail DVLA as in post #7 above, to find out if they have applied for RK details.

Have a read of this:

http://forums.moneysavingexpert.com/showthread.php?t=4816822


--------------------
Cabbyman 8 PPCs 0
Go to the top of the page
 
+Quote Post
spurga
post Wed, 14 Feb 2018 - 14:33
Post #10


New Member


Group: Members
Posts: 8
Joined: 28 Mar 2014
Member No.: 69,751



Thank you for your advice.

I appealed on Day 26 using a standard template from NEWBIE Sticky board on MSE (registered keeper).

Today they sent me this reply.
What do I do? Ignore and wait for the official notice to the keeper?
Respond and ask for POPLA code again?

Thanks for your help.

QUOTE
Thank you for your letter of appeal against the Parking Charge Notice issued under the terms of Schedule 4 of the Protection of Freedoms Act 2012.

Unfortunately, we are unable to process your appeal as you were not the driver of the vehicle at the time of the PCN being issued, as per the above Legislation. Could we please kindly request the driver to appeal against the Parking Charge Notice if they wish to, so that we can process an appeal, as we actively seek to process all valid appeals.

If we do not hear from the driver within 7 days, appeals department will accept the appeal from yourself as we assume you will have taken responsibility for the PCN.

Please note if you are unable or unwilling to provide the driver’s details and the parking charge has not been paid in full and we do not know both the name and current address of the driver, we have the right to recover any unpaid part of the parking charge from you. This Notice is given to you under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 and is subject to our complying with the applicable conditions under Schedule 4 of that Act.

Should you provide an incorrect address for service, we may pursue you for any Parking Charge amount that remains unpaid.

Should you identify someone, who denies they were the driver, we may pursue you for any Parking Charge amount that remains unpaid.

Could you or the driver please get back to us within 7 days from the above date, failure to do so will result in the PCN being passed to a Debt Collections Agent after 28 days from the date of issue, where further charges will be added.

They can also appeal online through our website at www.ptlappeals.co.uk.

Yours sincerely

Appeals Dept.


UNQUOTE
Go to the top of the page
 
+Quote Post
kommando
post Wed, 14 Feb 2018 - 14:58
Post #11


Member


Group: Members
Posts: 3,616
Joined: 6 Oct 2012
Member No.: 57,558



Just a trick to get the drivers name, now if you do not reply are they going to pay £2.50 to the DVLA or not ?
Go to the top of the page
 
+Quote Post
spurga
post Wed, 14 Feb 2018 - 15:03
Post #12


New Member


Group: Members
Posts: 8
Joined: 28 Mar 2014
Member No.: 69,751



So, do I just ignore them? Wait for NTK?
When should POPLA code come through? I guess I do not need to chase for it, or do I?

Go to the top of the page
 
+Quote Post
ostell
post Wed, 14 Feb 2018 - 22:22
Post #13


Member


Group: Members
Posts: 6,269
Joined: 8 Mar 2013
Member No.: 60,457



Just ignore. If a NTK arrives then check with the DVLA on who has accessed your details and when. You give them a start and stop date for the search.

If no NTK arrives then if they are BPA members then wrtie to them telling them that their Code of Practise says that if no response received within 35 days then an appeal is assumed to have been accepted.
Go to the top of the page
 
+Quote Post
Jlc
post Wed, 14 Feb 2018 - 22:29
Post #14


Member


Group: Members
Posts: 26,919
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



Indeed, they've taken the bait. (Assuming you've given them the keeper details to save them accessing the DVLA)


--------------------
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.
Go to the top of the page
 
+Quote Post
s360
post Wed, 14 Feb 2018 - 22:38
Post #15


Member


Group: Members
Posts: 206
Joined: 8 Mar 2013
Member No.: 60,453



Just do nothing and wait. They state they will process the appeal if they don't hear from the driver within seven days. Wait until day 56 after the event or day 35 from the end of the seven day period they mention, whichever comes last. If you hear nothing then you can respond stating that as 35 days have passed you deem the appeal accepted. If no notice to keeper is received within 56 days then they cannot hold the keeper liable anyway. If you do receive a ntk check that the applied to the dvla for your details. failure to do so renders keeper liability invalid.
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: Tuesday, 20th February 2018 - 21:21
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.