PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Smart Parking PCN
PHendo1999
post Fri, 19 Apr 2019 - 16:38
Post #1


New Member


Group: Members
Posts: 5
Joined: 19 Apr 2019
Member No.: 103,496



Hi,

Hope someone can advise.

I have received a PCN from Smart Parking for a overstay of 1 Hour on a 3 hour Max.

Another insured driver used my car for the trip, I was not in the vehicle at all. However the car is in my name so the PCN came to me.

The driver went to the Gym which is on a large business park for over 2 hours. The GYM has it's own small car park around the back of a Building and the driver parked there. The cameras are at the entrance to the business park. (uploaded map of the Car park GYM car park no 1)

The driver came out of the gym then drove to another car park which is on the same business park opposite end however the driver didn't realise it was all under the same parking regulations and then went shopping.

The Driver has full receipts for the supermarket shop and another shop and Evidence from the GYM of being there for 2 hours.

Can anyone advise best way.





Thanks in advance.

cheers
Patrick

This post has been edited by PHendo1999: Fri, 19 Apr 2019 - 19:38
Attached thumbnail(s)
Attached Image
 
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 9)
Advertisement
post Fri, 19 Apr 2019 - 16:38
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Dave65
post Fri, 19 Apr 2019 - 17:48
Post #2


Member


Group: Members
Posts: 1,887
Joined: 16 Jul 2015
Member No.: 78,368



First edit your post and give no indication as to who drove, it`s "the driver" did this or that.

It is you who is the keeper and do any appeal.
Go to the top of the page
 
+Quote Post
PHendo1999
post Fri, 19 Apr 2019 - 18:29
Post #3


New Member


Group: Members
Posts: 5
Joined: 19 Apr 2019
Member No.: 103,496



Apologies Dave, I have corrected, I was not driving or in the vehicle during this time.

This post has been edited by PHendo1999: Fri, 19 Apr 2019 - 18:37
Go to the top of the page
 
+Quote Post
Sheffield Dave
post Fri, 19 Apr 2019 - 19:02
Post #4


Member


Group: Members
Posts: 2,053
Joined: 20 May 2013
Member No.: 62,052



Edit further. All references to the person driving the car should be "the driver", e.g. "The driver took my car", "the drvier went to the Gym" etc.
Go to the top of the page
 
+Quote Post
PHendo1999
post Fri, 19 Apr 2019 - 19:29
Post #5


New Member


Group: Members
Posts: 5
Joined: 19 Apr 2019
Member No.: 103,496



QUOTE (Sheffield Dave @ Fri, 19 Apr 2019 - 20:02) *
Edit further. All references to the person driving the car should be "the driver", e.g. "The driver took my car", "the drvier went to the Gym" etc.


this has been changed biggrin.gif

Is this how the appeal should look ?
Go to the top of the page
 
+Quote Post
Jlc
post Fri, 19 Apr 2019 - 20:21
Post #6


Member


Group: Members
Posts: 41,510
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



QUOTE (PHendo1999 @ Fri, 19 Apr 2019 - 20:29) *
Is this how the appeal should look ?

As they do not rely on the Protection of Freedoms Act to hold the queue liable then the appeal is quite simple:

QUOTE
Dear Sirs,

I have just received your Parking Charge Notice 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 give notice of keeper liability as prescribed by section 9 (2) (f) 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.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc



--------------------
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.
Go to the top of the page
 
+Quote Post
PHendo1999
post Fri, 19 Apr 2019 - 20:49
Post #7


New Member


Group: Members
Posts: 5
Joined: 19 Apr 2019
Member No.: 103,496



Thanks Mickey.

I don't quite understand what this means.

Does the charge not fall back to me if I refuse to name the Driver of the vehicle ?

I found the below on guidance for guidance-unpaid-parking-charges.pdf

The registered keeper has 28 days after receiving a notice from the
landholder in which to provide the driver’s details, pay the parking
charge, or appeal against the ticket. If the registered keeper fails to do
any of these things the landholder may begin proceedings to recover the
parking charge from the registered keeper



Cheers
Patrick
Go to the top of the page
 
+Quote Post
Jlc
post Fri, 19 Apr 2019 - 21:36
Post #8


Member


Group: Members
Posts: 41,510
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



No, they can only pursue the keeper IF they comply with Protection of Freedoms Act. They don't.

Send the appeal. Wait for their cancellation...


--------------------
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.
Go to the top of the page
 
+Quote Post
ostell
post Fri, 19 Apr 2019 - 21:39
Post #9


Member


Group: Members
Posts: 17,088
Joined: 8 Mar 2013
Member No.: 60,457



To hold the keeper liable they have to comply with the requirements of POFA. Here's POFA. Have a particular look at 9 (2) and the statements that MUST be there. Miss one, or get it wrong and no keeper liability

Your guidance must have been written by the parking companies, and it's wrong for many reasons. POFA is the LAW and overrides any guidance
Go to the top of the page
 
+Quote Post
PHendo1999
post Sat, 20 Apr 2019 - 09:20
Post #10


New Member


Group: Members
Posts: 5
Joined: 19 Apr 2019
Member No.: 103,496



Thanks Everyone for the response. Much appreciated.

I will take this route.

Regards
Patrick
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Friday, 29th March 2024 - 07:46
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here