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some help pcn challenge

hi I was wondering if I could get some advice re situation with pcn challenge


unfortunately found this forum after challenging so did not know all the legal and technical jargon and rules etc


long story short


driver x parked car, had no change, went to get some, returned, got ticket, placed on car


later found pcn on car


appealed, but failed to respond for request for ticket purchased


ntk came to rk driver y
looking at the "officialdom" of paperwork responded with appeal as if they were the driver.
continued to appeal on this basis and turned down by appeals service


read somewhere that should not lie on correspondence, however driver y thought that they had to respond as letter addressed to them


any advice please


eddy1
«13456712

Comments

  • Dee140157
    Dee140157 Posts: 2,864 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    Which PPC is this for?

    Your time line is a little confusing because if the driver appealed, then the keeper should not have got an NTK or even the rejection as this should have been the driver.
    Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.
  • eddy1
    eddy1 Posts: 136 Forumite
    Eighth Anniversary Combo Breaker
    driver x failed to respond to request for ticket (forgot apparently)
    therefore NTK came to rk as a result
  • Dee140157
    Dee140157 Posts: 2,864 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    Ah wait a minute, so the keeper has appealed to the NTK but had it rejected? Does the rejection contain a POPLA code?

    If so off to the newbie thread for you and look at post 3. (See my signature for details).
    Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.
  • eddy1
    eddy1 Posts: 136 Forumite
    Eighth Anniversary Combo Breaker
    hi dee


    no the keeper appealed by letter following the NTK
    had it rejected, then appealed to IAS (SIP parking ltd)
    although only gave a story of what happened, which was rejected


    point is that should driver y have said they were driving as they thought they had to because of the ntk that came


    eddy1
  • Dee140157
    Dee140157 Posts: 2,864 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    No driver y should not have said they were driving, they should have said they were the keeper. However as they have admitted to being driver, I don't think they can now reset the clock by nominating the driver.

    If they appealed as keeper, then they can name driver and get a NTD sent to driver.

    But what confuses me in all this is that the driver did appeal originally and was asked for ticket, so that should have been the appeal to be dealt with.

    You keep referring to driver x/y but both can't have been drivers. Who is registered keeper? There was only one driver .

    It's too early in the morning for this conundrum.

    When the first person who appealed sent the original appeal did they give their name and address and did they admit to being driver. If so, then the keeper, if different from this person should never have received the NTK.
    Can you clarify this please.
    Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.
  • eddy1
    eddy1 Posts: 136 Forumite
    Eighth Anniversary Combo Breaker
    apologies dee, just a bit concerned re lying in correspondence accidentally


    driver x was the driver, they appealed, but forgot to send the ticket following a request. as a result the ntk came to driver y (the keeper). the keeper then replied as if they were driving thinking that they had to because of the ntk request


    subsequent appeals failed in the name of the keeper


    apologies for the confusion
  • eddy1
    eddy1 Posts: 136 Forumite
    Eighth Anniversary Combo Breaker
    I believe that the driver who appealed first did give their name and address, and because they did not send the ticket (idiot) the ntk came to the keeper
  • Dee140157
    Dee140157 Posts: 2,864 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    Right well this is the point at which I think a complaint needs to go in. If the original driver appealed, giving their details then the keeper cannot be held liable. Sip had no reasonable cause to get keepers details from the DVLA.

    This is where I get a little unsure but I think it is a breach of their KADOE contract .

    See this thread here:
    https://forums.moneysavingexpert.com/discussion/4890308

    In the meanwhile you need to complain to the IPC that this PCN should never have been received by the keeper . They should never have felt they had to appeal.

    Hopefully someone else will pop onto this thread and give clearer advice at this stage, so hold fire for a few hours. But definitely a some breaches going on here.
    Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.
  • eddy1
    eddy1 Posts: 136 Forumite
    Eighth Anniversary Combo Breaker
    many thanks dee


    there are also a number of other potential breaches I believe as when the ticket was placed on the car, it had no pcn on it


    when returned to car, the pcn was on it
    ntk said time of no ticket displayed was before ticket was purchased and even in appeal rejection they state that pcn was issued after ticket was purchased, although they are saying was not displayed.


    no photo evidence sent as I requested


    many thanks for your assistance


    eddy1
  • eddy1
    eddy1 Posts: 136 Forumite
    Eighth Anniversary Combo Breaker
    Dee140157 wrote: »
    Right well this is the point at which I think a complaint needs to go in. If the original driver appealed, giving their details then the keeper cannot be held liable. Sip had no reasonable cause to get keepers details from the DVLA.

    This is where I get a little unsure but I think it is a breach of their KADOE contract .

    See this thread here:


    In the meanwhile you need to complain to the IPC that this PCN should never have been received by the keeper . They should never have felt they had to appeal.

    Hopefully someone else will pop onto this thread and give clearer advice at this stage, so hold fire for a few hours. But definitely a some breaches going on here.




    dear more informed






    can anyone else offer advice on this particular issue following dee's response


    many thanks


    eddy
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