Park with Ease PCN

Guys_Dad

bazster wrote: »

For all we know the OP was the driver! (OP, don't answer that unless you weren't!)

In some cases, there are questions that one doesn't ask but when faced with a cheating opponent and a PPC that fails to observe the law, then after all this time, would the RK be lying or just having a memory lapse when they denied driving that day??????????

bazster

What's happened to your famed caution lately GD? You are becoming quite the cavalier! :shocked:

busy-resting

Hahaha bazster I have been around here long enough to know not to give the away the driver. I will use the template to draft up a letter and consider the 2nd adr suggestion.thanks guys

busy-resting

Hey guys,

I appealed the pcn via the appeals process which is by email and this was the following reply, how should I respond

"Since you have not signed you email, the email address name does not correspond with the name we have as the registered keeper and have not claimed to be the driver at the time we are unable to discuss the parking charge with you.

"In order to discuss the matter with someone other than the registered keeper you must either state you were the driver providing your full name and address or we must have written consent from the registered keeper that we can discuss the matter with yourself."


How should I respond guys

Guys_Dad

Just restate that you are the rk and sign the letter/email. No need to avoid signing.

Tell them that this exchange of correspondence will be retained and used in any court case as they are avoiding your legitimate appeal.

busy-resting

Hey guys, I have received a reply from park with ease. the reply is as follows:
Upon entering the site you entered into a contract to pay for the parking that was due at the time or up to 48 hours following your departure (online) or pay a parking charge notice of £50 (reduced to £25 if paid within 14 days).


We note your forum supported response and will try to answer the points where relevant.



a) We are not seeking to claim pre estimation of losses, this is a contractual matter

b) Since you seem to be aware of the signage on site we suspect you were the driver at the time, otherwise how could you make such assumptions? There are in excess of 17 signs on site including - 1 main entry sign 2.4m x 1.2m, 14 tariff signs and a further 2 reminder signs are present at this car park. Our signage has been audited by The IPC our Accredited Trade Association and is fully compliant.

c) We have a land owner agreement in place and should this be needed as evidence at court or for an IAS appeal we will; freely provide it, we have no requirement to provide you a copy at this stage

d) We have not claimed to be using POFA since we believe you were the driver this is irrelevant

e) The signage is clearly on display



1) We have invited you to inform us who the driver at the time was. Should we need to we may choose to, conduct additional investigations in relation to the vehicle in order to present it as evidence in court should you choose to allow the matter get that far.

2) Since you entered into and agreed to the contract upon parking you have no route of cancellation at this stage, if the IAS should see that you appeal is upheld then the Parking charge notice will be cancelled , alternately if the court should find in your favour the parking charge notice will be cancelled otherwise this decision is with us and we will not be cancelling it in the circumstances. Should the IAS dismiss you appeal or the court find in our favour the process will continue.

Consumer Contract – this is not applicable as the signage was clearly on display at the time showing the terms of parking, in addition the landowner allowed a generous grace period in which you could have chosen not to accept the contract and exit the site without parking, on this occasion you chose to enter the facility park for a period longer than the grace period and therefore accepted the contract at the time.


We decline to enter your contract to pay costs for your time.


Since you chose not to pay for your parking at the time or within the 48 hours allowed the parking charge has been issued correctly.


If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). In order to appeal the IAS will need your parking charge number, your vehicle registration and the date the charge was originally issued. Appeals must be submitted to the IAS within 21 days of the date of this letter. For further information please visit https://www.theias.org


Please can you suggest what i do next. I realize some think appealing to the ias is a waste of time but I will go with whatever you guys say.

bod1467

Dear PPC,
Your presumption that the keeper was the driver is just that - a presumption. As I am the keeper then there is no case against me, and so you must pursue the driver - and I am under no compulsion to identify the driver.

If you wish to pursue me further then I'll see you in court.

Tatty Bye!

busy-resting

hahaha at bod467's reply. I did actually walk to the site to have a look at the signs so its an incorrect assumption at that

nigelbb

It's an unusual car park that allows you up to pay up 48 hours after departure. I have seen pay & display where it's possible to top up before departure but never seen such a length period after the parking event. It allows even more time for payment without penalty than the London Congestion Charge or the Dartford crossing.

busy-resting

What I find slightly hard to understand is the statement about help from forum. Its irrelevant to the CPC since I, myself don't see this from being any different to people who get advice of solicitors and lawyers (who just like the people on here are just people).

thanks guys