Another Peel centre thread

samie18_2

Another newbie who after google searching found this so looking for a bit of advise.

We parked here May 23rd a few hours before we flew on holiday for our Wedding. We have used this car park for over 10 year so pay and display as routine so pretty sure we did this night. We returned from holiday 3 weeks later to find a fine for £60 and them requesting the name of the driver.

The picture was just a black square with a car outline.
I contacted them to say i have no idea who was driving as i can't tell from the pic and I've had other things to worry about to remember. Myself/partner or dad could have been driving. So i asked them to forward a better picture so i could confirm.

I then heard nothing until Sept saying you now owe us £100!!

I'm still sure we would have got a ticket but it would have gone in a pocket and binned so we have no proof. Had they ticketed at the time we could have kept the proof!

Having read some of these threads i have requested a code for Popla but have heard nothing.

Any suggestions?

zzzLazyDaisy

You can't just request a POPLA code, it isn't that simple. You have to appeal to the PPC within the relevant time limit (and you are out of time for that).

The good news is that, if you can remember who was driving that day, the Registered Keeper can identify the driver, who will then receive his/her own PCN and can then appeal. So I suggest you have a good chat with your father and OH to see if you can remember between you who was driving. If it turns out that the RK was not the driver send THIS letter

---

[Name of PPC]
[Address]

[Date]

Dear Sirs

PCN Number xxxx
Vehicle Registration Number xxxx


I am the registered keeper of the above mentioned vehicle but I was not the driver on the day in question.

The driver's name and address for service are:

[INSERT NAME]

[INSERT ADDRESS]

Please note: this discharges my obligation as Registered Keeper under PoFA 2012 and you must now pursue the driver.

Yours faithfully

PRINT NAME

---

For more information on how to deal with this see THIS thread

https://forums.moneysavingexpert.com/discussion/comment/63491370#Comment_63491370

samie18_2

whats a ppc

samie18_2

just saw its the company..

Will my initial contact to them in june challenging the ticket not count as an appeal?

HO87

samie18 wrote: »

whats a ppc

ppc = Private Parking Company - in this case, I assume, Excel.

zzzLazyDaisy

samie18 wrote: »

just saw its the company..

Will my initial contact to them in june challenging the ticket not count as an appeal?

Did the letter say it was an appeal? Or give the reasons for the appeal?

It sounded to me like the registered keeper asked for further information in order to identify the driver. That is not an appeal.

samie18_2

I wrote on the email I wanted to challenge the ticket as I'm sure we bought a ticket but as we weren't ticketed at the time we never kept the ticket as proof. we always just bin the tickets as they eventually clog up the glove box. They then said we need the driver details to which I couldn't remember because It was ages before and just before a very stressful hoilday/wedding so could they send a better picture. To which I then heard nothing for over 3 months (I wasnt gonna be chasing them) to them now saying I owe £ 100 as I own the car....

Stroma

So you challenged as the registered keeper, then they turned that down as they wanted the driver details, yes?

If that is so you need to make complaints to the dvla and bpa, they are unlawfully being obstructive in this, pofa 2012 is specifically about keeper liability, and it means that the RK can handle this.

samie18_2

yeah that what happened.

ok so who are the bpa and pofa and rk? sorry to be clueless!

Stroma

It's on a sticky but here it is for you

BPA - British Parking Association
POFA 2012 - Protection of Freedoms Act 2012
RK - Registered Keeper

Complaints to below, send unedited scan of your letter to each, ask about why is an approved operator is deliberately flouting the law by unlawfully withholding your legal right to use Popla to appeal on their rejection.

foi@dvla.gsi.gov.uk
aos@britishparking.co.uk

Half_way

The BPA limited are a trade association for the parking industry, whos main reason to exist is to represent and support the interests of the parking industry. They have code of conduct for members which enables them to be seen as a accredited trade association by the DVLA so they can then access peoples data from a number plate check.

POFA= protection of freedoms act, a peice of legislation that outlaws clamping, but introduces keeper liability in the case of private parking charges, as far as i know the element of keeper liability has not been fully tested in any court of record against the law on contracts.

RK = Registered Keeper the person whose name is on the V5 vehicle document.