Ace Security Charge Notice and appeal Options

[frequency]

Hello All,

Hoping someone with more grey matter than me can advise what I should and shouldn't do next.

The driver received a parking charge notice last weekend whilst the car was unattended in a visitors bay in a residential estate in West London, the driver had broken down and pushed the car off the main road into this estate and then went back to a friend whose house they had just left to phone and wait for a mechanic.

A couple of things to consider, the car is my mothers (the driver was taking her to visit) so she is the registered keeper. Ace are a member of IPC so can get the keepers details and I really don't want her to start receiving demands for payment as she is elderly and isn't good with stress.

An appeal was made directly to ACE as advised on their 'ticket' as broke down and provided proof of a call out to a local garage and receipt of work done and included my name and address to spare my mum the stress as below:

Re PCN number: xxxx
Vehicle reg: xxxx xxx

I appeal and dispute your 'parking charge', as the keeper of the vehicle. I deny any liability.
There will be no admissions as to who was driving and no assumptions can be drawn, nor was there an agreed contract.

The driver of the vehicle had broken down and took steps to get the car off the road as quickly and safely as possible from xxxx road into xxxxx (****attached photos showing that there were zig zags along the road due to a zebra crossing and that the only safe option was to turn left into the parking controlled estate****)

The driver then returned to his hosts home to locate and contact a breakdown mechanic and await arrival of the breakdown service.

Please find attached a copy of the mechanics VAT invoice. (****attached scan of receipt****)

I contend that due to a mechanical breakdown the driver did not enter into a contractual agreement with Ace Security services Ltd trading as Pace.

My name

My address

They replied the next day as below:

Dear xxxx xxxx

Thank you for your e-mail, unfortunately as this stage we can only accept an appeal from the driver who parked the vehicle prior to the Charge Notice being issued, as the responsibility lies with them as they entered in to the contract for parking, and they must appeal within 28 days otherwise they will lose the right to appeal.

The registered Keeper can only appeal after 28 days of the Charge Notice being issued and a Notice to Keeper being sent out and received. As you have contacted us regarding this Charge Notice, you are already aware of it and therefore you would lose the right to appeal after the 28 days from when the Charge Notice was issued.

Therefore we would politely suggest that the driver appeals to us regarding this Charge Notice. As previously stated, if the driver does not identify themselves within 28 days of the Charge Notice being issued the right to appeal will be lost.

Yours Sincerely,

Appeals Department
Ace Security Services

So as above Ace have declined to accept my appeal as I did not name the driver... I am assuming that giving them the drivers name will not then allow my appeal to be considered and upheld... that this is simply a tactic to get me to name the driver and they will press on regardless?

A few questions as below:

1: If they will not consider my initial appeal can I still appeal via the IPC (even if this is a kangaroo court)?

2: If I receive a claim letter from their solicitors, will they send this to me ...or to the registered keeper, being mindful that I do not want the driver to receive anything that may cause them any stress?

3: I sent a VAT mechanics receipt and photos showing zig zag lines on the main road the only option being for the driver to pull off the road. Would a judge in the county court dismiss this or does Ace have the right to penalise me where I have proof of mechanical failure? What i am asking is breaking down and being unable to move a car for a short period of time a solid and robust defence ... or should I just pay to avoid the stress?

Thanks in advance for any insight

This post has been edited by frequency: Tue, 11 Sep 2018 - 22:04