Parking Charge Notice on windscreen

lkb2708

Hi all,

Hopefully I am using the right format to post my question, if not I do apologise.

In May this year (bank holiday Monday) I parked my car in a small private car park, (offices) for about 20 mins. There was a notice saying you would be fined for parked there, but as it was a bank holiday I knew there was no one working, so parked there, came back and had a PCN on my windscreen!

Did nothing, months have gone by and last week I received by 2nd class post a 'Notice to Keeper', telling me to pay the £80, I still did nothing and then a week later, again by 2nd class post received a 'Notice to Keeper' Final reminder, advising that if I don't pay within 14 days they will take further action, unless I have provided the name of the driver, with a current address.

The Company are in the BPA Approved Operators Scheme

I have read the Newbies thread but would just like to check that a) I fall into that category and b) am I supposed to use ALL of the template or just the first section with relevant points.

Many thanks in advance

Umkomaas

1. Which PPC please? It helps us tailor advice more precisely.

2. Date of parking incident and date on the first NtK (or if you don't want to reveal dates, count the days from the parking incident to date on NtK).

3. Does the NtK say they are pursuing the keeper under PoFA 2012?

Use all of the initial appeal, but depending on answers to 2 and 3 above, there might be something to add in about there being no keeper liability.

lkb2708

Hi Umkomaas

Many thanks for your quick response.

The days from the 'incident' to the first NtK are 180 days

The reasons stated for issuing the PCN is : Not displaying a valid permit

Yes, they state ....."under Schedule 4 of the Protection of Freedoms Act 2012("the Act"), we do have the right, subject to the requirements of the Act, to recover from the keeper of the vehicle at the time it was parked so much of that amount that remains unpaid".....

Thanks again for your time

Umkomaas

Yes, they state ....."under Schedule 4 of the Protection of Freedoms Act 2012("the Act"), we do have the right, subject to the requirements of the Act, to recover from the keeper of the vehicle at the time it was parked so much of that amount that remains unpaid".....

Indeed they do, but not any longer as they've failed to meet the 'requirements of the Act'.

That NtK needed to be with you between days 29 - 56 after the parking event in order to invoke keeper liability. They need to pursue the driver, whose name you have no obligation (legal or otherwise) to reveal.

I'm not sure what the legal term if for 'go swivel', but I'm sure you'll find a suitable version!

HTH

lkb2708

Ha!! That is super stuff - I will try to find the right words when I submit my appeal tomorrow........

Thank you so much for your help, very much appreciated

Coupon-mad

You don't have to use all of the template - just cut it right down & adjust it to suit and make it clear it is your appeal as keeper (being careful NOT to imply who was driving - NOTHING about permits is needed). The template does already have the point that the NTK is not compliant with the POFA so you could expand on that, about them missing the boat.

Guys_Dad

"I am the registered keeper of the vehicle. Had you followed the statutory timescales as specified in POFA 2012 and contacted me within those then (a) I might have been able to ascertain who was driving at the time and (b) you could have invoked keeper liability if I was unable to name the driver.

Regrettably, you didn't so you are out of time to pursue me as keeper and I can't recall who may have been driving..

If you think it worth investing £27 with a doomed POPLA hearing, send me a POPLA code and let's bring it on"

lkb2708

Thanks for your replies, I will take your advice - will let you know if I hear anything back from them!