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  • FIRST POST
    • broughsupn
    • By broughsupn 2nd Dec 17, 4:32 PM
    • 12Posts
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    broughsupn
    Conflicting advice on if the car owner is responsible for a PCN
    • #1
    • 2nd Dec 17, 4:32 PM
    Conflicting advice on if the car owner is responsible for a PCN 2nd Dec 17 at 4:32 PM
    Hi,

    Apologies for this but there does appear to be conflicting advice.

    Scenario

    Car driver but not owner, parks car gets ticket puts on dash, it slips down so is retrieved and placed on dash. Returns to car to find PCN, finds two tickets had fallen down back of dash and they inadvertently placed wrong ticket on dash.

    No point appealing as we know that is futile, reads this.


    Template appeal for IPC members - copy this wording into the online appeal box or into an email:


    - if this is an IPC member parking firm, see post #3, there is no POPLA for you, so consumers do not get a fair appeal. Instead, just send this letter or a version of it, writing ONLY as the registered keeper, with their name and address (thanks to salmosalaris for the basis of this letter):


    Dear {name of IPC member - only IPC members for this version!!!}

    Re PCN number:

    I am the keeper of the vehicle and am aware of your purported 'parking charge'. The driver will not be identified. I require the following information so that I can make an informed decision:

    1. Who is the party that contracted with your company and are they the landowner?
    2. Is your charge based on damages for breach of contract? Answer yes or no.
    3. Please provide photos of the signs that you say were on site, which you contend formed a contract with the driver.
    4. Please provide all photographs taken of this vehicle.
    5. Please provide proof that the timing of any camera or timer used was synchronised with all other cameras and/or systems & machines.

    Thinks that looks like a good plan but then reads this.

    Don't assume the driver's liable for the ticket

    Official parking tickets are the responsibility of the vehicle's registered owner, not the driver, unless issued to hire cars. This applies throughout the UK.

    If you've got a ticket while in a hire car, hire firms can either send you the payment demand or pay the ticket themselves and send you a bill, plus an admin fee. So if you've got a ticket while driving a hire car and want to appeal against it, let the hire firm know.

    They seem to conflict so which is the correct one.

    Thanks

    Reggie
Page 2
    • Redx
    • By Redx 6th Dec 17, 11:13 PM
    • 16,923 Posts
    • 21,048 Thanks
    Redx
    if you are the keeper and not the driver , the only thing that matters for your own personal liability is if the PPC followed POFA2012 or not

    if they did follow POFA2012 then you can be held liable for any contractual failure

    if they failed POFA2012 then as keeper you have no liability , end of story

    the latter is how lamilad beat Excel in court

    the owner could be barclays bank , or first direct, or a hire company

    POFA2012 does not mention "owner"

    http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

    not sure where you got this idea about "ownership" from
    Last edited by Redx; 06-12-2017 at 11:18 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
    • KeithP
    • By KeithP 6th Dec 17, 11:14 PM
    • 4,757 Posts
    • 3,109 Thanks
    KeithP
    Four days have now passed. Have you sent that appeal yet?

    What have you got to lose?
    .
    • StaffsSW
    • By StaffsSW 7th Dec 17, 10:59 AM
    • 5,383 Posts
    • 5,423 Thanks
    StaffsSW
    Probably more related to railway/byelaw 14 tickets, but Owner is not necessarily the Registered Keeper, who is not necessarily the "Keeper", who is not necessarily the Driver. There can be 4 parties each with a separate interest in the vehicle.

    Don't worry - ZZPS/Wright Hassall don't quite understand it either....
    <--- Nothing to see here - move along --->
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