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  • FIRST POST
    • OliverUK
    • By OliverUK 18th Jun 17, 1:04 PM
    • 1Posts
    • 0Thanks
    OliverUK
    Validity of Notice to Driver
    • #1
    • 18th Jun 17, 1:04 PM
    Validity of Notice to Driver 18th Jun 17 at 1:04 PM
    Hello all,

    I've recently received a private parking fine, and I have not identified the driver or contacted the parasites company (VCS). The car park in question has no means of paying for a ticket. I have two main points with which to make an appeal but the second is shaky at best.

    • The main text of the signage reads 'Parking T1-T6 - Valid Parking Permits Only - Park Only In Allocated Bays'. I was parked in a seperate 'visitor parking bay', and not one of the bays marked T1-T6. I believe the signage to be misleading in that it appears to only apply to those bays mentioned. Further to this, if they argue that I have not parked in an allocated bay, then does this fall under 'forbidding signage' and thus nullify any contract they claim I have entered?
    • VCS are pursuing a claim as though a Notice to Driver was not issued (Notice to Keeper issued within 14 days). However, a ticket was placed on the car. It does not include the info required of a Notice to Driver, but provides a link to MyParkingCharge and a serial number (I haven't logged on as I'm not sure if this affects admitting knowing who the driver is etc, and thought I should ask someone with more knowledge first). If I could argue that the ticket provides the relevant information by extension, and thus constitutes a Notice to Driver, would this render the Notice to Keeper invalid for being sent too early? (Hoping to invalidate keeper liability requirements here)

    Where should I go from here? Is a POPLA appeal my next step?
Page 1
    • Quentin
    • By Quentin 18th Jun 17, 1:22 PM
    • 32,026 Posts
    • 16,103 Thanks
    Quentin
    • #2
    • 18th Jun 17, 1:22 PM
    • #2
    • 18th Jun 17, 1:22 PM
    Your​ next step is to familiarise yourself with the process you are caught up in

    Advice on how to deal with this is in the newbies FAQ thread near the top of the forum (you are politely asked to do this before starting a new thread)
    • Redx
    • By Redx 18th Jun 17, 1:32 PM
    • 14,725 Posts
    • 18,498 Thanks
    Redx
    • #3
    • 18th Jun 17, 1:32 PM
    • #3
    • 18th Jun 17, 1:32 PM
    when you talk about "argiung", the only place for this is in the small claims court

    its a judge that determines if the laws and rules were followed, if the signage is "forbidding" , if they have a valid landholder contract , if they met POFA2012 etc (which they usually dont)

    and you clearly have not done enough research because POPLA will definitely NOT be available because VCS is an IPC AOS registered company and has been for a couple of years or more

    you need to follow the IPC advice in that NEWBIES sticky thread because that is what it is there for , to assist people in not making rookie assumptions and mistakes

    the private parking industry is unregulated and so in this instance it is the postal NTK that should be responded to (in the correct way, which the IPC template is for)

    the myparkingcharge seems to be their way of getting around the NTD requirements , because I dont think they class it as an NTD (they are very , VERY devious as are all of these PPC`s)

    forget POPLA, it has ZERO chance of going there
    Last edited by Redx; 18-06-2017 at 1:35 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 18th Jun 17, 2:32 PM
    • 48,025 Posts
    • 61,472 Thanks
    Coupon-mad
    • #4
    • 18th Jun 17, 2:32 PM
    • #4
    • 18th Jun 17, 2:32 PM
    Hello all,

    I've recently received a private parking fine, and I have not identified the driver or contacted the parasites company (VCS). The car park in question has no means of paying for a ticket. I have two main points with which to make an appeal but the second is shaky at best.

    [LIST][*]The main text of the signage reads 'Parking T1-T6 - Valid Parking Permits Only - Park Only In Allocated Bays'. I was parked in a seperate 'visitor parking bay', and not one of the bays marked T1-T6. I believe the signage to be misleading in that it appears to only apply to those bays mentioned. Further to this, if they argue that I have not parked in an allocated bay, then does this fall under 'forbidding signage' and thus nullify any contract they claim I have entered?[*]VCS are pursuing a claim as though a Notice to Driver was not issued (Notice to Keeper issued within 14 days). However, a ticket was placed on the car. It does not include the info required of a Notice to Driver, but provides a link to MyParkingCharge and a serial number (I haven't logged on as I'm not sure if this affects admitting knowing who the driver is etc, and thought I should ask someone with more knowledge first). If I could argue that the ticket provides the relevant information by extension, and thus constitutes a Notice to Driver, would this render the Notice to Keeper invalid for being sent too early? (Hoping to invalidate keeper liability requirements here)
    Originally posted by OliverUK
    Easier to search the forum for 'MyParkingCharge.co.uk' and read the others threads that have already covered this, it's been discussed in detail when VCS first started it.

    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

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