Drive through private road in error

frankwoman

stator wrote: »

In short POFA 2012 means they can send their 'parking charge' to the registered keeper of the vehicle, even if he wasn't the driver. As others have said above it only applies to parking.

So I have appealed to Minster Baywatch regarding the parking fine I have received by driving along the lane marked bus and taxi drop off only. I appealed stating my car did not stop - I turned onto this road in error (looking for the college car park) I didn't stop / park but continued to drive. Minster Baywatch have rejected my appeal and provided me the option of appealing via POPLA (given me a number to quote) but have also offered a reduction to pay immediately £30 instead of £60. Any advice would be great. I admit I made an error turning into this lane but didn't park so should I be fined? Help please

Herzlos

Take it to POPLA and it'll go away. In future don't tell them who was driving.

frankwoman

Hi. I've not admitted who was driving the car. They sent to me as registered keeper. I will take it to POPLA. I was unsure whether to opt for the lesser £30 or risk it being thrown out by POPLA and having to stump up £60.Do I just maintain the car was not parked at any point and there fore a parking fine is irrelevant? Any help would be greatly appreciated

Umkomaas

frankwoman wrote: »

Hi. I've not admitted who was driving the car. They sent to me as registered keeper. I will take it to POPLA. I was unsure whether to opt for the lesser £30 or risk it being thrown out by POPLA and having to stump up £60.Do I just maintain the car was not parked at any point and there fore a parking fine is irrelevant? Any help would be greatly appreciated

I appealed stating my car did not stop - I turned onto this road in error (looking for the college car park) I didn't stop / park but continued to drive.

Looks like you have to me. Did you use those words in your written appeal?

Herzlos

What does their invoice say? Does it specifically mention parking?

If so, appeal (as the keeper) on the basis that it was not parked, and ask for proof of the parking event and a VAT invoice.

frankwoman

The invoice from Minster Baywatch states ''unauthorized use of Bus and Taxi Drop off / pick up''. It then states under schedule 4 of Protection of Freedom Act 2012 this charge has been issued to the registered keeper of the vehicle.


Hi Umkommass - I didn't admit being the driver of the vehicle in the appeal I simply stated that the car was not parked at the location detailed on the charge and as such the fine was not justified.

ManxRed

k3lvc wrote: »

Come on then - hit me with the 'good reason' ? Genuinely interested how wrong you might be ?

Go and look up the meaning of the word 'suspect'.

I 'suspect' you have a vested interest in the PPC industry. Which is why you've chosen to interpret a comment, clearly stating that the PPCs motives are profits before lawfulness, and somehow come up with 'you want a free for all'. It doesn't state anything of the sort, nor is that the intention behind the post, as everyone with a grasp of English can plainly see.

Except you, you've read into it what you would like it to mean in order to devalue the anti-PPC argument on here. As far as I can see, there's only one possible reason why anyone would choose to do that, as I think we both know.

The_Deep

I cannot believe that this thread is 47 posts long and has so far achieved the square root of FA. It is not a parking matter. It may not even be private land, POPA is problematic.

Why not break off all contact. If they issue a claim, hire an expensive lawyer, cite unreasonable behaviour and take them to the cleaners, Enough is enough.

ManxRed

By not actually parking, you've also rejected their contract terms, which could only be accepted by performance. So no contract exists between the driver and the PPC.

I would also complain to the DVLA very vigorously that Minster Baywatch have obtained Registered Keeper data outwith the provisions of their KADOE agreement with the DVLA (Clauses B2, and B2.1 set out the reasons that data can be obtained and used - in relation to parking incidents only). The driver didn't park, didn't stop, and didn't wait.

They are in breach of their KADOE agreement, and what's more, the DVLA have breached the Data Protection Act by allowing them to do it. Complain hard, and escalate it (to the ICO if necessary) when they inevitably try and fob you off.

Herzlos

frankwoman wrote: »

The invoice from Minster Baywatch states ''unauthorized use of Bus and Taxi Drop off / pick up''. It then states under schedule 4 of Protection of Freedom Act 2012 this charge has been issued to the registered keeper of the vehicle.

I'd ask them what this "use" is. Is it parking? Is it driving past? Dancing?

If it's parking, tell them to prove the vehicle was parked.
If it's anything else, tell them that POFA2012 doesn't apply and you're not naming the driver.