Elite Parking management PCN Options

[zams]

Hello All,

I wonder if someone could help me out. The driver received a PCN to the address due to parking without a valid permit. The date of incident was 17/11/18 and the PCN was posted out on 19/12/18. The driver was wondering if the PCN is valid as the driver heard that they are meant to post it out within 14 days. What sort of information do the driver put on appeal? Thanks guys.




This post has been edited by zams: Sun, 23 Dec 2018 - 11:38

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[Redivi]

Was there a windscreen ticket ?

What does your lease or tenancy agreement say about parking ?

Is it your own allocated space ?

There's an interesting mistake on the notice

Elite Parking Management Ltd has been dissolved
The correct name that matches the company registration number is Elite Car Parking Management Ltd

That has potential to create problems for them later

Which company is named on the signs ?


This post has been edited by Redivi: Sat, 22 Dec 2018 - 16:20

[ostell]

With no windscreen ticket then the following should be sent to them:

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 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

[zams]

Was there a windscreen ticket ?

What does your lease or tenancy agreement say about parking ?

Is it your own allocated space ?

There's an interesting mistake on the notice

Elite Parking Management Ltd has been dissolved
The correct name that matches the company registration number is Elite Car Parking Management Ltd

That has potential to create problems for them later

Which company is named on the signs ?

Sorry I forgot to mention that the driver was visiting a friend. It is not driver's space and parked it on empty space where there is no parking bay. The image is from the pcn website https://eliteparkingmanagement.com/

Also they do not usually put a ticket on the windscreen as it says on the PCN image on the #1 post 'The above breach was captured by a petrol officer camera device and this PCN is served by post'

Does the 14 days rule still apply if PCN is served through the post and use the template as Ostell mentioned earlier?



This post has been edited by zams: Sun, 23 Dec 2018 - 11:42

[SchoolRunMum]

Yes, and this will be a cinch to win at POPLA as long as the registered keeper appellant doesn't imply or state who was driving.

[ostell]

Yes send that template. They will reject but it will win at POLA.

There is also the point that the notice says no parking at anytime and is therefore not offering a contract to park. WIthout such a contract then the cannot claim for breach of the non existent contract or a sum agreed by the driver. And certainly cannot issue a penalty. But leave that for the time being.

They are stating that they are Elite Parking Management Ltd in their letter and, has been pointed out, this is a dissolved company and was dissolved on the 27th February this year. It cannot, therefore, have possibly created a contract with you.

You could add as a further paragraph in the template:

I fail to understand why I can possibly have a debt with Elite Parking Management Ltd, who you have stated is the Creditor, when this company was dissolved on the 27th of February this year.

Or should they be left unaware of this and it could be a rescue point for others caught up by them

Full name on the signs please and company number.

Edit your posts so that the identity of the driver cannot be inferred. Use "the driver........." etc

This post has been edited by ostell: Sun, 23 Dec 2018 - 09:30

[zams]

Ok Guys... does the recepient of the letter write inside of the white box on the letter or write on a piece of paper and attach it with it and after 'yours sincerely' does the recipient writes his/her name or just the signature or both?

Dear Sir/Madam

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 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 Sincerely

Also I have included the picture of the sign as requested earlier.

Thanks!

[Macapaca]

Ok Guys... does the recepient of the letter write inside of the white box on the letter or write on a piece of paper and attach it with it and after 'yours sincerely' does the recipient writes his/her name or just the signature or both?

Just send a separate letter and keep a copy! Apologies if that seems obvious but it is amazing how many people come on here and do not keep copies of all correspondence. Don't bother with the letter they sent you. They are just trying to trap you into naming the driver.

[zams]

After yours Sincerely... Just the signature or doesn't need the signature? Or name or no name? Sorry Im a newbie here.

[Macapaca]

Sign and also print your name. This is such an easy win that a paw print from your dog would still be ok! (I am not suggesting you do that though)

This post has been edited by Macapaca: Fri, 4 Jan 2019 - 18:11

[cabbyman]

First class post with certificate of posting from the Post Office. NOT signed for.

[zams]

This is the reply which RK received. Have a read through, apparently they have persued these matters successfully before. What's the next step?



This post has been edited by zams: Fri, 18 Jan 2019 - 20:34

[nosferatu1001]

You can require them to explain what proof they have of the drivers identity?

After all, as claimant they are required to prove every element of any claim against you as Keeper - and in the interests of the overriding objective, you require them to provide you with their evidence now. It will certainly narrow the areas in dispute

If, as you suspect, they have no evidence, and just bluster, that will also narrow the areas under dispute

[cabbyman]

I wouldn't! If they prove the driver with a photo or reading something on t'internet ( ) , they've won! As we know, they cannot assume the identity of the driver, as per all the well-rehearsed arguments.

They have failed to offer a POPLA code. Complaint to BPA.

[Redivi]

They don't have to provide the code until they've rejected the appeal

Hoping that the OP will provide the driver details in the next two weeks isn't a rejection

A good rule of thumb is to never ask for information or evidence unless you already know the answer and it helps your case

This post has been edited by Redivi: Fri, 18 Jan 2019 - 18:24

[Glacier2]

Looks like a veiled threat to trot out Eliot v Loake.

[zams]

If taken to county judgement court, what sort of cost looking at if unsuccessful?

[ostell]

Original PCN, Court fee £25, solicitors fee £50 max

[nosferatu1001]

Hearing fee £25