PCN (NW) Ltd - Received NtO, unsure how to proceed

csi666

Hi

First post on here - please be gentle!

I have received a NtO windscreen ticket from PCN (NW) and am unsure how to proceed. I've looked through this forum but can't seem to find any similar cases.

My driver had parked my car in a shop car park and after parking realised they had left their wallet behind - only a 2 minute walk. They went to collect it, before going into the shop. Upon returning to my vehicle they saw that they had been issued with a Parking Charge Notice - £100, reduced to £60 if paid within 14 days. I have a receipt which was issued 8 minutes after the ticket, the reason given was 'Driver not in [name of store] premises.'

I am not sure if I should:

• Return to the shop and discuss the ticket with the manager
• Appeal to PCN (NW) as driver, explaining the circumstances
• Appeal to PCN (NW) stating that I was in the shop the entire time
• Wait for the Notice to Keeper, and then appeal without naming the driver

Thanks in advance for your help.

tykesi

The first and fourth bullet points are what you should do.

You really need to read the NEWBIES sticky thread at the top of the parking board as this answers your question quite clearly and will guide you through the process of making this go away with just two well written appeals.

csi666

Thanks for your reply. I fotgot to mention in my initial post that PCN (NW) are members of the Independent Parking Committee so therefore I won't be able to use POPLA. Additionally there is no mention on the NtK of POFA - it just says that 'In the event of non-payment we may apply to the DVLA for the Registered Keeper's details and a Notice of Keeper will be sent.'

When I do appeal as the keeper of the vehicle should I use the standard template, or include my receipt from the store too?

Coupon-mad

Standard template usually, or a shorter version - or even your own version as long as you don't say who was driving. So it's not 'my receipt'!

Start reading about IAS appeals on here and decide if you want to bother - it's a kangaroo court and not binding anyway. PCN(UK) wouldn't win in a small claim unless you didn't defend/show up! They tried just a couple we helped with 18 months ago and none were pursued to a hearing as they really aren't the sharpest tools in the box.

csi666

Thanks again for replying, I really appreciate your help. When you say 'decide if you want to bother' what are the alternatives?

Do I have a right to see the photographs taken of me/my vehicle? How would I go about accessing them?

Another issue I have is that I am not often at the address my car is registered at, and am worried I might miss communications from them and therefore my opportunity to appeal. Would it be detrimental to appeal as keeper from the windscreen ticket, obviously passed to me by my driver?

I'll be returning to the store ASAP to speak to the manager and ask that the charge be cancelled, however I don't have much hope on that front.

Coupon-mad

OK so as you are worried about missing the replies I would send representations as 'keeper' next week so you can give whichever address suits. I say next week as you want to appeal as keeper fairly close to the time limit given in the ticket (21 days?). Forget the 14 day thing, when does it say the appeal deadline is, try to send your reps so they are definitely received just in time. NOT recorded delivery as a PPC will delay signing for a letter and then a person is stuffed by the appeal deadline expiring. Use email if offered for appeal and if so do that on day 20, if the deadline is 21 days.

Include an extra line that ' the driver refutes that any checks were made as to where the occupants of the car were, because this allegation is unfounded. The occupants of the car were in xxxxxx (shop) and PCN(NW) have no evidence to the contrary nor was any announcement made in the store, from the CS desk, to check. Did the attendant watch everyone who was in the car as they were dropped off before parking, and where is the evidence of who went where, such as a video or CCTV?

CHANGE YOUR FIRST POST FOR THE LOVE OF GOD, IT EVEN SUGGESTS WHO WAS DRIVING! PEOPLE LOSE WHEN THEY THROW THAT AWAY.

Also the 'if you want to bother' line was because IAS appeal is rubbish, and some people here (allegedly) would say it's not independent... So your other options are either to ignore the thing - or send a representation but don't bother with the (widely believed) 'kangaroo court' of IAS. The if you get a small claim against you at least they don't have a winning IAS summary of drivel as part of their evidence (not legally binding on you but they would use it).

You 'might' win at IAS but it's such a lottery you must make an informed choice whether to bother.

Another option is to pay PTAS £16 to handle it and take the risk away - it's run by a poster here (not me) and they would need to do the appeal this week for you:

http://www.parkingticketappeals.org.uk/

HTH