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Appeal help, Overstayed by 39 minutes
Mbirkett1
post Fri, 16 Aug 2019 - 10:32
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I am the registered keeper of a vehicle. The driver parked in a Macdonalds car park which was free for 90 mins but The driver ended up staying 2hrs and 9mins.

The macdonalds address is Sk1 3ss

The ticket has been issued by UKPC. The incident date was 18 July but the ticket was not issued until 14 August and was received by me today (16 August) - could this be part of my appeal?

It’s private land - not sure if it’s owned by macdondalds

Any help with the appeal is greatly appreciated

This post has been edited by Mbirkett1: Fri, 16 Aug 2019 - 10:42
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post Fri, 16 Aug 2019 - 10:32
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ostell
post Fri, 16 Aug 2019 - 10:40
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It may be if the identity of the driver had not been inferred. Edit your post NOW Use "the driver ....." etc

Is this a hire car?
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Mbirkett1
post Fri, 16 Aug 2019 - 10:47
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Edited. I am the registered keeper.

They got my details through a dvla search

Just reading the ticket and as the registered keeper, am I obliged to tell them who was driving and if I do not will I be held liable?
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Redivi
post Fri, 16 Aug 2019 - 10:52
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No you don't have to tell them who was driving and, if the PCN was delivered more than 14 days after the event, UKPC has no right to recover payment from you as the registered keeper

Look for the Ostell letter
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ostell
post Fri, 16 Aug 2019 - 10:54
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No you are not required to tell them the name of the driver.

So this appeal them. That's why I asked if it was a hire car as they have a longer period, Was there a ticket on the windscreen?

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 deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the 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 identify the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc


First class post with free certificate of posting from a post office
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Mbirkett1
post Fri, 16 Aug 2019 - 10:59
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Thanks guys, really helpful
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Jlc
post Fri, 16 Aug 2019 - 11:02
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QUOTE (ostell @ Fri, 16 Aug 2019 - 11:54) *
Was there a ticket on the windscreen?



Sounds like ANPR but worth checking.


--------------------
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.
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The Rookie
post Fri, 16 Aug 2019 - 11:02
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That's very late even for CPM, are you sure you're the registered keeper? Have you checked the V5c (registration document) to make sure it's all correct?


--------------------
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
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Jlc
post Fri, 16 Aug 2019 - 11:46
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QUOTE (The Rookie @ Fri, 16 Aug 2019 - 12:02) *
That's very late even for CPM

Or even UKPC.


--------------------
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.
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Mbirkett1
post Fri, 16 Aug 2019 - 11:51
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I was surprised when I got the ticket this morning. There was nothing on the windscreen and I am definitely the registered keeper, I’ve had the car 3 years
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Jlc
post Fri, 16 Aug 2019 - 11:58
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Check with the DVLA when your details were accessed.

It seems they may be claiming keeper liability when it does not accrue.


--------------------
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.
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ostell
post Fri, 16 Aug 2019 - 20:27
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Just checking. Send the appeal
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Mbirkett1
post Sun, 18 Aug 2019 - 14:56
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I have received a 2nd fine but this was sent within 14 days.

Do I have any grounds for appealing this ticket?

I have received a 2nd fine but this was sent within 14 days.

Do I have any grounds for appealing this ticket?
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nosferatu1001
post Mon, 19 Aug 2019 - 07:53
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We dont know, tell us! I presume this was for a second unrelated to the first event, and so we know absolutely nothing.
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Mbirkett1
post Mon, 19 Aug 2019 - 07:57
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Yeah this is a 2nd ticket. The driver was parked in the same place, it is free parking for 90 minutes. The driver overstayed by 42 minutes. The ticket has been issued within the correct timescales.

I just wondered if there are any grounds that I could appeal.

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ostell
post Mon, 19 Aug 2019 - 08:49
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We can't tell as we gave not seen the PCN

Best start a separate thread on the second ticket so matters don't get confused
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