We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Hi, help required!
Comments
-
You won't be able to post a working link, but copy and paste into the 'Reply' dialogue box, change http to hxxp and hit the 'Post Reply' button.
It will display as text, but we'll convert it to a working link.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
hxxp://i68.photobucket.com/albums/i4/flat930/Parking%20ticket/Letterfile_Page_1a.jpg
hxxp://i68.photobucket.com/albums/i4/flat930/Parking%20ticket/Letterfile_Page_2.jpg
hxxp://i68.photobucket.com/albums/i4/flat930/Parking%20ticket/IMAG0048.jpg
hxxp://i68.photobucket.com/albums/i4/flat930/Parking%20ticket/IMAG0047.jpg
Thanks again0 -
http://i68.photobucket.com/albums/i4/flat930/Parking%20ticket/Letterfile_Page_1a.jpg
http://i68.photobucket.com/albums/i4/flat930/Parking%20ticket/Letterfile_Page_2.jpg
http://i68.photobucket.com/albums/i4/flat930/Parking%20ticket/IMAG0048.jpg
http://i68.photobucket.com/albums/i4/flat930/Parking%20ticket/IMAG0047.jpg0 -
OK so they have deliberately worded that Notice to be aimed at the driver, and the keeper is not liable at all (nor does the keeper have to name the driver). So just appeal as keeper and say:
Dear Napier,
Re PCN ref xxxxxxxxx
I have received your recent letter which arrived a full four months after the date of parking event you are alleging. I would like to inform you that I was not the driver on the occasion mentioned but I am aware that the driver did pay and display so no loss was caused. I am also aware that your charge is not based on a genuine pre-estimate of loss, merely on a calculation including legal costs and the POPLA fee itself, which has been rejected at POPLA at least once.
I will not be naming the driver, and have stated as a matter of fact, that driver was not myself, so you can forget your 'assuming I was the driver' nonsense. The POFA 2012 positively enshrines the right of a keeper not to have to name the driver to a private firm. In any case, by sending a Notice 4 months later you have failed to establish keeper liability and could only 'invite' me the name the driver, which I decline to do.
If you send me a POPLA code with a rejection letter I will be stating to POPLA that I was not the driver and that your Notice is too late for keeper liability, so you cannot win a POPLA appeal against a keeper under these circumstances. I suggest you cancel it and am very relieved that clamping at that notorious site was made illegal, stopping such criminal activity in 2012. Compliments of the Season to Mr De Savary,
xxxxPRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Cheers, will send that off now and see what they come back with. Thanks again for all of the help.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 351.3K Banking & Borrowing
- 253.2K Reduce Debt & Boost Income
- 453.7K Spending & Discounts
- 244.2K Work, Benefits & Business
- 599.4K Mortgages, Homes & Bills
- 177.1K Life & Family
- 257.7K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards