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UPDATED: How to appeal PCN if not the driver?

Feral_Moon
Feral_Moon Posts: 2,943 Forumite
edited 30 October 2015 at 3:23PM in Parking tickets, fines & parking
Hi, I need some help and advice please. I've read the sticky and understand the basics in how to appeal but as I wasn't the driver at the time I'm not sure how to proceed in setting out the appeals letter.

Basically, the car was parked in an empty industrial unit car park in Cambridge. Everybody parks in this car park to visit the cinema/leisure complex and has done for many months, if not years. Never heard of anyone getting a ticket before now nor ever seen any signage that UKPC were now patrolling the car park (although it seems a sign has now miraculously appeared, looking at the photographic evidence they supplied online). I haven't been over to the site to check for myself as it's quite some distance from where I live. And the person who was using the car at the time is away on Army training so I don't want him implicated in anyway.

The situation is that I've now received a NTK dated 30/06/15. The PCN was issued 31/05/15. Would somebody be so kind as to give me some pointers in what evidence I could use as a basis for appeal please?

Many thanks in advance :beer:
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Comments

  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    If you know who was in charge of the vehicle at the time then you can pin it on them...you say you don't want to do that.

    As you're the keeper and should know who that is and if you don't or are unwilling to reveal who that it is you'll have to do the appealing as if you left the vehicle there.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • Fruitcake
    Fruitcake Posts: 59,419 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 July 2015 at 11:30AM
    Feral_Moon wrote: »
    Hi, I need some help and advice please. I've read the sticky and understand the basics in how to appeal but as I wasn't the driver at the time I'm not sure how to proceed in setting out the appeals letter.

    Basically, the car was parked in an empty industrial unit car park in Cambridge. Everybody parks in this car park to visit the cinema/leisure complex and has done for many months, if not years. Never heard of anyone getting a ticket before now nor ever seen any signage that UKPC were now patrolling the car park (although it seems a sign has now miraculously appeared, looking at the photographic evidence they supplied online). I haven't been over to the site to check for myself as it's quite some distance from where I live. And the person who was using the car at the time is away on Army training so I don't want him implicated in anyway.

    The situation is that I've now received a NTK dated 30/06/15. The PCN was issued 31/05/15. Would somebody be so kind as to give me some pointers in what evidence I could use as a basis for appeal please?

    Many thanks in advance :beer:
    All the appeal points you need are in the template appeal that can be found in the Sticky thread for NEWBIES. Do not edit it, use it exactly as it is.


    I would suggest that you haven't read the Sticky threads thoroughly enough if you are asking how to appeal. The NEWBIES thread tells you exactly how to do this.


    Do not pay, do not ignore, do not reveal who was driving, appeal as keeper, do not miss the appeal deadline. Never 'phone a parking company.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Fruitcake
    Fruitcake Posts: 59,419 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    HappyMJ wrote: »
    If you know who was in charge of the vehicle at the time then you can pin it on them...you say you don't want to do that.

    As you're the keeper and should know who that is and if you don't or are unwilling to reveal who that it is you'll have to do the appealing as if you left the vehicle there.


    No, you appeal as if someone else (the driver) left the car there.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Umkomaas
    Umkomaas Posts: 42,878 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    HappyMJ wrote: »
    If you know who was in charge of the vehicle at the time then you can pin it on them...you say you don't want to do that.

    As you're the keeper and should know who that is and if you don't or are unwilling to reveal who that it is you'll have to do the appealing as if you left the vehicle there.

    If this was, as I read it, a windscreen ticket, then the driver has already had his/her chance of appealing the charge. As he/she has not done so within 28 days, the PPC (if they fully comply with the requirements of PoFA 2012 - and I've yet to see one fully complying) can pursue the keeper under PoFA 2012. So the driver is now off the hook - it's over to Mr/Mrs Keeper.

    And is why it is vitally important that the keeper makes no inadvertent statement which might be construed as them being the driver on the day!
    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 Street
  • Coupon-mad
    Coupon-mad Posts: 148,161 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 July 2015 at 1:44PM
    Feral_Moon wrote: »
    Hi, I need some help and advice please. I've read the sticky and understand the basics in how to appeal but as I wasn't the driver at the time I'm not sure how to proceed in setting out the appeals letter.
    Copy the template letter from the NEWBIES thread. Do not add to it. Not sure why that's not clear? You say you read the sticky so you will already have read that it's not about evidence or telling the story of what happened.

    Bung it in online and be VERY CAREFUL to choose 'registered keeper' on UKPC's dropdown menu. And make sure it still says that before you 'submit'.

    If the appeal is too long, cut some waffle out (you can do that yourself) then reapply it but then also CHANGE the dropdown menu back to 'registered keeper' because UKPC's appeals page is norty. It changes back to 'driver' at any excuse!

    Please don't copy the template appeal out/post it here and ask 'is it this one?' I hate that! (sorry). There is only one template there and it's simple to copy most/all of it into a box.
    PRIVATE '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 THREAD
  • Feral_Moon
    Feral_Moon Posts: 2,943 Forumite
    Thanks guys, I just wasn't sure whether I had to select certain points or send the template as is. Yes, there was apparently a windscreen ticket but I wasn't aware of this until I received the NTK letter last week. I was away at the time and it slipped a certain person's memory to inform me about it.
  • Coupon-mad
    Coupon-mad Posts: 148,161 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That's fine - NTK stage is a good time for a keeper to send the template appeal or a slightly shorter version that fits in UKPC's page.
    PRIVATE '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 THREAD
  • Feral_Moon
    Feral_Moon Posts: 2,943 Forumite
    Coupon-mad wrote: »
    That's fine - NTK stage is a good time for a keeper to send the template appeal or a slightly shorter version that fits in UKPC's page.

    Thanks, I sent in the appeal template this afternoon. There was a 2000 character allowance so it fit nicely into the little box they provide. Just a game of wait and see now. They said they'd respond within 35 days.
  • Ralph-y
    Ralph-y Posts: 4,637 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I wonder why it just fitted ;)

    It might be that CM had something to do with it ;)

    please make sure you thank her again ;)

    Ralph:cool:
  • Feral_Moon
    Feral_Moon Posts: 2,943 Forumite
    I started a new thread earlier asking for advice re appealing to POPLA as UKPC have rejected my initial appeal but, in hindsight, I should really keep it all within the same thread for continuity. So apologies for that and please feel free to delete the following thread.... https://forums.moneysavingexpert.com/discussion/5297683


    I've checked the code on the parkingcowboy website, as instructed in post #3 of the sticky thread and I've got just 17 days left to appeal. Presumably there was a delay in the postal system :(
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