Received parking ticket in borrowed car...

mainpower

to cut a long story short I received a parking ticket while I was borrowing a car from a friend. I am trying to contest it, but the council will not correspond with me, only the owner. Once it goes to the independant tribunal will I be able to contest it? Has any one else experienced something similar? It seems madness that the owner has had to write an appeal saying "she" this and "she" that...:(

Coupon-mad

If it was a parking ticket on your windscreen then you - the driver - did have a chance to appeal within the first 28 days. Not if it was one posted to the Owner though.

Post on pepipoo for help in putting together a formal appeal:

http://forums.pepipoo.com/index.php?showforum=30

You can write it but in the third person 'she' etc., and then the Owner can sign the appeal as it does have to come from them. And I think if it goes to adjudication you can both attend (the Owner is the one who needs to attend but I think you can rock up as a witness to the event).

Check out the deadlines; do not miss them or it can end up going to bailiffs. As long as you meet appeal deadlines (in the Owner's name) you have the right to adjudication and the amount will not increase beyond the actual penalty (not the discounted bribe though, that will be long gone).

Post on pepipoo first, as there may be grounds for appeal you have never thought of at all. You will need the PCN and letters as they will need to see a scan or picture of all sides of all documents. Read some other threads to get the gist of what to post and read the FAQs such as 'how to post pictures'.

TrickyWicky

Odd. The Registered Keeper is legally responsible for the PCN if no-one else claims liability however you appear to be claiming that liability but they're refusing to deal with you. Very strange but I can see why they're doing it: You want to appeal and they don't want that so therefore they're going to abuse the RK instead to get their money.

Go for an appeal and if they refuse it the RK will have to do it and take you along. At that point you have control of the issue and the council are then screwed because the adjudicator won't take kindly to them completely ignoring you just to tap the driver for cash.

mainpower

Thanks for replies and pointers... it was posted on my windscreen, I emailed that night with my reasons for contesting it but it was rejected and when I tried to speak to someone on the phone I was told that due to data protection laws they couldn't discuss it with me. I handed my phone to the car's owner who was stood next to me and they were happy to talk to him....( basicly it's my word against the PEO's notebook... ) how they were able to verify his ID I don't know! So the appeal letter arrived with the owner, and he used the online option and just retold my version of events.

TrickyWicky

mainpower wrote: »

when I tried to speak to someone on the phone I was told that due to data protection laws they couldn't discuss it with me. ... how they were able to verify his ID I don't know! So the appeal letter arrived with the owner, and he used the online option and just retold my version of events.

As I mentioned above its the council being !!!!!y. They've probably got no details about the registered keeper unless they've already had a ticket from this council - in that case DPA does come into play. If the keeper hasn't had a ticket from this council before then they're just being thick as there is noo DPA to worry about. The DPA only protects personally identifiable infomation and they won't do a DVLA lookup until 28 days after the PCN was issued.

You DO have the right to claim liability to the PCN but as I mentioned before the council are trying to ignore you because its easier for them to pursue the registered keeper. They'd soon be forced to change their attitude about it if the owner wasn't the registered keeper (and this is quite legal) so it proves my point.

Parking departments have strange ways of interpreting right and wrong, DPA and other laws.. they're pretty much all run by ex cops (and lets face it, they're not always with-it) who have their own ways of interpreting the law as they want.

Get the Registered Keeper to be represented by you (while you also claim liability for the PCN) and they'll have no choice but to deal with you.

mainpower

the argumentative biatch inside me almost hopes the appeal is rejected....