Park Direct UK PCN

chafra1986

Hi,
I would be grateful if I can be advised on what to do in regards to a Parking Charge notice that I have received from Park Direct.
I took my car to the car wash and left it there with the owners to wash it and I would collect it upon my return after I finished running some errands.
I have left the car there before previously and the car wash owners have just parked the car to one side. However upon my return on this occasion the car had been moved just outside of their entrance onto "private property land".
The car wash owners informed me that they think that I might have gotten at ticket and that I should pay for it and that they will reimburse me.
I received the PCN in the post and took it to the car wash to get the name of the driver (the person who washing my car).
I sent this back to Park Direct, but they are now saying that they have had no response from the driver and that I am now responsible for this PCN.

This PCN is at the full amount, I am unsure of what to do as the letter states that if it is not paid then there will be County Court action.
Also the PCN was sent to my old address but I still have access to my mail there, and the 14 day period that it gives has now expired as it was sent to my old address and I only obtained this letter.

Guys_Dad

You have named the driver, so that should let you off the hook. Are the car wash denying liability to your face? If not, ask them why they have not responded.

It may be difficult to prove you were not the driver if they refuse to play ball,( car washed don't usually give receipts) but I am not sure that POFA demands that you prove it or if you become liable if the driver refuses to respond. All the act demands is a serviceable address and you have given it.

I think you should get the car wash people to write to the PPC and copy you in.

chafra1986

No the car wash company probably are ignoring this Pcn intentionally.

I'm not local to them so going to speak to them is not ideal.


The Pcn response letter states that they have received no response or payment hence the reason why they now have the right to recover any money from the registered keeper.

But looking at the dates they have only left it a month since I gave them the drivers information.

The_Slithy_Tove

As long as you provided the name and a serviceable address for the driver, then your obligations under POFA are fulfilled, you have no liability. Park Direct are particularly cretinous (a bunch of ex-clamping chimps), so won't understand. Doesn't stop you telling them that you have no labiality, never will, and that they must cease contact or face a charge of harassment.

Guys_Dad

The relevant wording under POFA is

................warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given:
(i) the amount of the unpaid parking charges
specified under paragraph (d) has not been paid in full, and
(ii) the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

If you accompany your reply with this extract and a statement of truth covering the event (better if you had a witness), then the PPC might think twice before considering any court action.

The_Deep

Its as plain as a pikestaff, the creditor knows the name of the driver, therefore nfa for keeper, tell them to swivel.