First Parking PCN, First Parking PCN Options

[PagalCootha]

Hi

I have received a PCN letter from First Parking (see attached) as keeper of the vehicle. I have read through some other posts and I think I can appeal this initially with the company.

I have read some posters suggesting that if there is a gap of more than 14 days between the alleged offence and date issued that this only is grounds for a valid appeal. Also that there is a start date of offence but not duration on the PCN letter is a factor.

Could people make suggestions as to what other things I can raise when I send letter of appeal.

Regards  PCN30001.pdf ( 1.55MB ) Number of downloads: 152

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[Jlc]

It says a PCN was placed on the car. They have to wait 28 days before accessing the DVLA but deliver within 56 to attempt keeper liability. It appears they have done this.

Interestingly the PCN doesn’t state anything about a court claim, but strictly doesn't have to. However, they are not particularly litigious.

The 14 days is when issuing PCN's via camera only.

We weren't there to suggest reasons to appeal. It says parking without a ticket/permit, presumably it was. As it was detected by a manual patrol there won't be a period of parking.

This post has been edited by Jlc: Sat, 23 Jun 2018 - 14:40

[PagalCootha]

Hi. I have appealed against the PCN using the template in the "newbies" thread on the Money Saving website.

I appealed online and ticked the box saying I was not the driver. I have just received the following email from First Parking. Should I just ignore this and wait for Popla number and then make another appeal ?


"Good Morning,


Thank you for your appeal against the above PCN number. In this appeal you have stated that you were not the driver at the time of contravention, therefore please provide us with a full name and serviceable address to enable us to pursue the driver.


If you fail to provide this information within the required timeframe 29 days after notification = 21st July 2018 (this is including a 7 day extension) as stated on your Notice to Keeper dated 15th June 2018, the registered keeper will be liable for this PCN under Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012


Therefore, please ensure First Parking receive this information no later than 21st July 2018


Kind Regards"

[nosferatu1001]

Thats wrong in a lot of ways
Regardless of their timelines a Keeper becomes responsible 29 days after the notice is given. However they can discahrge their liability at any time BEFORE proceedings are issued ie filing a claim.

But it doesnt matter. Ignore. You will get a rejection, you appeal and win at POPLA. Or dont, but its only this lot.

[PagalCootha]

Thanks for the replies so far.

OK I have just received the rejection of appeal from First parking in an email (see below)

Couple of questions.
1. In my initial appeal to them, which was the template letter from 'Newbies thread' on MSA website, I asked that they should contact me by post. Should they not be doing so ?

2. The photographic evidence does show the signage in the background along with the car parked. I have no idea what the signage says as I can't read it in photo. As I was not the driver I can't have known what the sign says, so where does that leave things.

3. They are asking for £80 fine but the original fine must have been £40 or at least that is probably what it says on signage. Why did they not offer me that amount of £40 as the keeper as clearly I have stated I was not the driver. Also they are saying if I appeal to POPLA I lose that right of £40 but they are not even offering me this ? Can they do thiis ?

4. Really not sure where to go with appeal to POPLA. IS there a standard template I can use and pick and choose what I appeal on. Having read the stickys I don't believe it's possible to have a standard template. Any ideas what are the type of things I can appeal on. Is signage one of them even though there is signage in evidence in the background of photo with car ?

Thanks



Dear

Re Parking Notice Number
POPLA appeal verification code:

We acknowledge receipt of your appeal, regarding the above parking charge. Parking at this site is only for vehicles that are parked in accordance with the terms and conditions, as detailed on the signage on site. This signage is clear, in line with industry standards and clearly details any charges that may be imposed, should these terms and conditions be breached.

I have now had the opportunity to review this case and my findings are:
After reviewing the photographic evidence and also your appeal information; on this occasion I will be rejecting your appeal. It is the drivers responsibility to ensure they are clearly displaying a valid permit
As you have failed to provide us with a full name and serviceable address of the driver at the time of contravention, we will now invoke keeper liability.

As your vehicle was parked in contravention of the Terms and Conditions of the car park, we are satisfied that the notice was issued correctly in accordance with the BPA Code of Practice and are therefore unable to waiver the charge on this occasion.

You have now reached the end of our internal appeals process

Therefore please choose from one of the following options:

1.Pay the parking charge at the price of £80

Methods of payment:
* Pay by Phone – Call 0200 333 1995
* Pay online – visit www.paymyparking.net
* Pay by Post – send a cheque or postal order made payable to First Parking LLP to the following address:

FIRST PARKING LLP, 27 OLD GLOUCESTER STRET, LONDON, WC1N 3AX, UNITED KINGDOM

2. Make an appeal to POPLA within 28 days from the rejection date (Please allow 24 hours from receiving this email for your POPLA code to be activated) – The Independent Appeals Service at http://www.popla.org.uk/default.htm.. Please note that if you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £40 (if applicable), and should POPLA's decision not go in your favour you will be required to pay the full amount of £80. By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above

3. If you choose to do nothing, we will seek to recover the monies owed to us through our debt recovery service and may proceed with Court action against you. First Parking may also conduct a search with a credit bureau.

Yours Sincerely

Appeals Team
First Parking

[nosferatu1001]

1) Yes they can do what they like. Youre wishes arent relevant
2) you still of course dispute signage
3) Theyre not required to and nothing you can do to for e them. You have no right to anything as this isnt a statutory process
4) Given you know it would be rejected, what POPLA appeals have you read up on? The NEWBIES thread on MSE for example points you to a few....

[PagalCootha]

Thanks Nosferatu. Just had a quick check on the newbies thread again on MSE and I'll work my way through the POPLA appeal thread and put something together based on the suggestions there.