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PCN when simply changing drivers

LittleVoice
LittleVoice Posts: 8,974 Forumite
Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
edited 16 January 2015 at 10:58PM in Parking tickets, fines & parking
Help please. Need to get letter into post on Saturday morning!


My OH has received a PCN from Park Direct UK, Uxbridge. It is dated 5 January and was received on 9 January.


The car was driven onto land by a gym where the registered keeper is a member. The car was driven just off the public road into the entrance slip, turned round, and then the driver exchanged places with the passenger. The car was then driven away.


The two photographs provided as evidence by PDUK both show that the lights were on. The "contravention" time given on the PCN is late afternoon at the end of December (ie it was dark and the notices on the site were non-reflective so not evident).


PDUK are not contracted by the gym but by the gym's landlord.


We have looked at the suggested challenge letter in post #1 of the sticky and would want to cut out the "rant" sections. Having done that, would it still be the basis for a formal response in the above circumstances?

Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    yes, no problem if you do that, leave the rest "as is" though
  • LittleVoice
    LittleVoice Posts: 8,974 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Redx wrote: »
    yes, no problem if you do that, leave the rest "as is" though



    Thanks for your quick response.


    We wondered whether we should refer to parking when the car was never parked up.
  • Redx
    Redx Posts: 38,084 Forumite
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    no , not at this stage , you are querying the whole validity of the charge

    the RK should also be complaining to the gym too , assuming they are a member there (if not just use this standard appeal process)

    leave any legal arguments for later on (including the definition of parking, and the right to a few minutes to read signs and obey or leave etc)

    presumably the NTK stated the minutes or seconds the vehicle was "trespassing" ?

    ie:- the in and out times, so one minus the other
  • LittleVoice
    LittleVoice Posts: 8,974 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 17 January 2015 at 12:05AM
    Redx wrote: »
    no , not at this stage , you are querying the whole validity of the charge

    the RK should also be complaining to the gym too , assuming they are a member there (if not just use this standard appeal process) - as in post#1 - the RK is a gym member. He has complained and they say there have been a number of complaints to them and they have raised it with the landlord. But, of course, that gets us nowhere.

    leave any legal arguments for later on (including the definition of parking, and the right to a few minutes to read signs and obey or leave etc)

    presumably the NTK stated the minutes or seconds the vehicle was "trespassing" ? The two pictures are timed 49 seconds apart and the "contravention" time is the whole minute past the seconds of the second one.

    ie:- the in and out times, so one minus the other

    ..................
    Why does one give them 35 days to respond to the drop hands offer? The PCN says they will reply to an appeal within 28 days.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    normally a pcn says you have to appeal within 28 days

    the BPA CoP says the PPC has 35 days to decide on your appeal
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