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Park Direct UK PCN, Threads merged
auditt1
post Wed, 3 Jun 2020 - 15:27
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Hello there,

Just receieved this PCN for failing to display my parking permit (which in all honestly had forgotten to stick it back on) in my own basement car park.

Is there a way round through the appeals, or just ignore or just pay it? I am not keen on letters going to my home address.

Any advice would be appreciated.

Ticket picture
and
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post Wed, 3 Jun 2020 - 15:27
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ManxRed
post Wed, 3 Jun 2020 - 15:35
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When you say 'my own basement car park', what rights do you already have to the car park? Do you have a lease on your property that details your rights within the car park or even that particular space.

First step is to dig out the lease.

Second step is to show us what the signs say.

Do you know who hired Park Direct? Do you have a Management Company that is involved?


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Jlc
post Wed, 3 Jun 2020 - 18:17
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QUOTE (auditt1 @ Wed, 3 Jun 2020 - 16:27) *
I am not keen on letters going to my home address.

They have to wait 28 days before accessing the DVLA.

You can 'appeal' the NtD but would need to give details. But other than paying, you won't stop them sending love letters.


--------------------
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 Wed, 3 Jun 2020 - 19:45
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You edit you posts so that the identity of the driver cannot be inferred.

You then appeal the ticket as the keeper who has been handed the NTD. Anything you say, bad signage, no liability, so that the appeal arrives on day 26 after the date on the NTD. The intention is that they fail to issue a NTK within 56 days or fail to contact the DVLA. Either is POFA fail and they therefore cannot hold the keeper liable.

But still get the lease out to see if the space is included within the demised premises
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auditt1
post Fri, 5 Jun 2020 - 14:18
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Thanks - I do not lease I rent the property from the landlord. A management company has hired parking direct.
There is signage. I'll take a picture.
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ostell
post Fri, 5 Jun 2020 - 22:10
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Same difference, get your rental agreement and see what is says about parking.
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auditt1
post Sun, 7 Jun 2020 - 10:51
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The tenancy agreement says nothing about the parking, I just get a permit from the management that my landlord pays for.

pics of the signage.



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ostell
post Sun, 7 Jun 2020 - 11:10
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So ask the landlord if his lease says that he has the right to park without having to display a permit or pay a third party if he doesn't.

What i'm trying to get at is that a parking space comes with the flat and the landlord, or his guests, have the right to park hence the parking company is trespassing. The parking company cannot override what is in the lease.

This post has been edited by ostell: Sun, 7 Jun 2020 - 11:12
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auditt1
post Mon, 8 Jun 2020 - 14:17
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QUOTE (ostell @ Sun, 7 Jun 2020 - 12:10) *
So ask the landlord if his lease says that he has the right to park without having to display a permit or pay a third party if he doesn't.

What i'm trying to get at is that a parking space comes with the flat and the landlord, or his guests, have the right to park hence the parking company is trespassing. The parking company cannot override what is in the lease.


Thanks! IT is not mentioned, therefore I can use the facilities as directed by the landlord on the contract, there is no stipulation to display a permit.
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ostell
post Mon, 8 Jun 2020 - 15:17
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What is required is to show that the landlord has the right to park in his lease.
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auditt1
post Thu, 6 Aug 2020 - 09:51
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Hello,

I posted this yesterday but it seems my thread has been deleted without a notification as to why.

I recieved this letter from Park Direct UK, any advice on the best course of action would be appreciated.

I have missed the appeal deadline that they give. I was parked in my basement without showing my permit properly.

I do not live there anymore and my tenancy agreement did not state anything about displaying a permit.

attached letter.

Thanks in advance

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Jlc
post Thu, 6 Aug 2020 - 10:07
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QUOTE (auditt1 @ Thu, 6 Aug 2020 - 10:51) *
I posted this yesterday but it seems my thread has been deleted without a notification as to why.

This thread?


--------------------
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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auditt1
post Mon, 10 Aug 2020 - 07:53
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QUOTE (Jlc @ Thu, 6 Aug 2020 - 11:07) *
QUOTE (auditt1 @ Thu, 6 Aug 2020 - 10:51) *
I posted this yesterday but it seems my thread has been deleted without a notification as to why.

This thread?


That is correct, thanks for finding that.

I have moved recently, had some issues and forgot about this. They are now sending letters stating I should pay within 14 days.

Any advice would be appreciated. If there is an opportunity for representations again, I will use what advice I was given initially.
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Umkomaas
post Mon, 10 Aug 2020 - 08:50
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Did you follow the advice to send an appeal to arrive with PD on day 26?
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ostell
post Mon, 10 Aug 2020 - 10:13
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So ask the mods to merge

As asked did you appeal as suggested?

Is that letter is the only one that has been received since the original Notice to Driver on the car? If it is then:

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 56 days as prescribed by section 8 (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 name 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




There are a lot of other failures

This post has been edited by ostell: Mon, 10 Aug 2020 - 10:30
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The Rookie
post Mon, 10 Aug 2020 - 12:37
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time elapsed and the text suggest that this is not the notice to keeper.


--------------------
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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ostell
post Mon, 10 Aug 2020 - 12:41
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That's why I asked if it was the only letter. They have between day 28 and 56 to issue the NTK, they're just over the 56

This post has been edited by ostell: Mon, 10 Aug 2020 - 12:42
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auditt1
post Tue, 11 Aug 2020 - 09:23
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QUOTE (ostell @ Mon, 10 Aug 2020 - 13:41) *
That's why I asked if it was the only letter. They have between day 28 and 56 to issue the NTK, they're just over the 56


Hello everyone,

Many thanks first of all for all the replies.

This is the only letter I have had, I did not make an appeal, I let the time pass and this arrived.

Sounds like your reply further above is the best option perhaps?

Best,
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The Rookie
post Tue, 11 Aug 2020 - 09:58
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If you actually do it this time, yes. (Post #15).


--------------------
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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hcandersen
post Tue, 11 Aug 2020 - 10:27
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I let the time pass and this arrived.

..but arrived where?

Your V5C address with DVLA as at the date of the alleged breach was ...A which was also the location of the alleged offence;

You now live at B to which you moved from A on ******;

You notified DVLA of the change of address on ....;

Let's make sure you're not in the middle of an address mix which could see notices being delivered other than to where you reside.

So before we get too excited a out what the PPC might or might not have done, let's find out what you have done.
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