Wing parking charge - permit out of date by a few days and grace period just ended day before, On behalf of council but told this is a private ticket Options

[HelpMePlease2020]

The driver lives on a council estate which requires estate parking permits.

The driver didn't realise their permit was due to run out on the 30th September. With all the changes and thinking the council office was still closed they didn't realise.

In an email sent by the council, they said "If your resident permit expired during the lockdown, you do not need to apply for a new one straightaway. You have until the 5th October to renew your permit. In the meantime keep your old one on display"

On the 6th October the driver woke up to a ticket. They think they have until the 3rd November to contest it. They have a new permit now obviously.

The space not allocated to the driver but they have a permit for the estate (there are no specific allocations on the estate)

Location - (how specific do they need to be - is borough enough?)

They haven't corresponded with the parking company yet.

PCN front page - https://ibb.co/648P5Hg

PCN back page - https://ibb.co/T4FgKHH

Thanks in advance

This post has been edited by HelpMePlease2020: Sun, 25 Oct 2020 - 11:28

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[HelpMePlease2020...]

Does it make a difference that the Driver has had a parking ticket from Wing before, appealed because they made a mistake and won. Does it make a difference in terms of them knowing identity of the driver?

[ostell]

A straight answer to a straight question please, for the third time, whose name is on the V5 ?

I have answered this question several times! I don't have the V5 - this is a motability car and we don't hold the v5 - they do. I already explained I only have the hire agreement which states -

Hirer "you" with my name and address

and

Owner "we/us" with Motability's name and address!

But you still haven't answered! Can you find out whose name is on the V5? Perhaps a quick phone call even. I believe Motability put the hirer's name on the V5 but please check.

[HelpMePlease2020...]

A straight answer to a straight question please, for the third time, whose name is on the V5 ?

I have answered this question several times! I don't have the V5 - this is a motability car and we don't hold the v5 - they do. I already explained I only have the hire agreement which states -

Hirer "you" with my name and address

and

Owner "we/us" with Motability's name and address!

But you still haven't answered! Can you find out whose name is on the V5? Perhaps a quick phone call even. I believe Motability put the hirer's name on the V5 but please check.

Oh okay, I'm sorry, I didn't think to do that. I will call them tomorrow asap and check.

I did find this online though:

"The log book or V5C is held by motability. You will be on the system as the Registered Keeper, So will get parking and speeding tickets etc sent direct to you if you get any."

[ostell]

That's what I was trying to find out !!

So it is now too late to get an appeal in on day 26. You could try to get one in quickly and hope the don't send a NTK

Or just wait for the NTK

This post has been edited by ostell: Sun, 1 Nov 2020 - 18:03

[HelpMePlease2020...]

That's what I was trying to find out !!

So it is now too late to get an appeal in on day 26. You could try to get one in quickly and hope the don't send a NTK

Or just wait for the NTK

Thanks Ostell. I just spoke to Motability today and confirmed that I am the registered keeper and they are actually going to email me my v5 today.

Okay, when you see it's too late to get an appeal in - what do you mean? I thought the driver had 28 days to appeal which means they have until tomorrow. Or did you mean a different kind of appeal?

And what happens if I appeal and they send a NTK?

And what happens with waiting for the NTK without appealing. Do any of these options mean the driver might end up paying the full price?

This post has been edited by HelpMePlease2020-2: Mon, 2 Nov 2020 - 12:17

[ostell]

The plan was for the appeal to ARRIVE on day 26, before they can get the keeper details from the DVLA. The idea was that they continue to talk to you as the keeper without sending a NTK or contacting the DVLA, either of which is a POFA fail and no liability for the keeper.

So send in an appeal by the keeper in by email before end of business today. Might just work

[HelpMePlease2020...]

The plan was for the appeal to ARRIVE on day 26, before they can get the keeper details from the DVLA. The idea was that they continue to talk to you as the keeper without sending a NTK or contacting the DVLA, either of which is a POFA fail and no liability for the keeper.

So send in an appeal by the keeper in by email before end of business today. Might just work

I didn't see this response in time crap. I'm just going to send in an appeal with mitigating circumstances and hope that they show mercy. Thanks for trying anyway.

[ostell]

Mitigating circumstances will get you nowhere, not even worth the effort and may identify the driver. Send an appeal from the keeper saying that after visiting the site the signs are insufficient to create a contract, not readily visible etc.

Send it tonight so that they have it first thing

[HelpMePlease2020]

Mitigating circumstances will get you nowhere, not even worth the effort and may identify the driver. Send an appeal from the keeper saying that after visiting the site the signs are insufficient to create a contract, not readily visible etc.

Send it tonight so that they have it first thing

I didn't see your response in time and sent off the appeal as I was scared of running out of time. I have probably messed it up now but I really appreciate your time and effort in trying to help me. I'll keep you guys updated anyhow.

[ostell]

Shame, there 8sca current live appeal where the PPC, because of the 26 day appeal, have forgotten to send the NTK within 56 days and not contacted the DVLA