Parking Fine Park direct uxbridge active for less car park

enfield_freddy

If you are going to comply with Park Direct , then you must ask for the grace period to be applied.


to BPA :


company: xxx
ticket ref: xxxxxxxxxx


you have stated that park direct have told you this is a stopping offence , however in all the paperwork to me they are stating words like
" If after 28 days beginning with the day after this notice is served, the Parking Charge Notice has not been paid in full, and we have not been made aware of the name and current serviceable address for the driver, we do have the right under schedule 4 of the Protection of freedom Act 2012, to recover the charges from the registered keeper of the vehicle at the time it was parked so much of rgar amount remains unpaid."




if I am to comply with there instructions I must treat this as a parking offence,
however Park direct seem to have told you that this is a stopping offence , and you have commented that as such no grace period is allowed.


please could you clarify the situation , as this could lead to problems if it ever made it to court ,

ManxRed

Forget the grace period.

So their letter says 'for the time the vehicle was parked', that doesn't mean that the offence was for parking, it's just a statement. This is a red herring in my opinion.

Your two strong lines of attack here are:

1. The driver could not possibly enter into a contract with Park Direct as - in order for offer and acceptance to take place - the driver would need to stop to read the terms and conditions, and by stopping they are immediately in breach. This is clearly a nonsense.

2. Park Direct have obtained the Registered Keeper's data in order to pursue the registered keeper as liable for the charge in lieu of any driver information, they have confirmed this in their paperwork. However the legislation they are relying on to do this - Schedule 4 of PoFA 2012 - relates only to parking incidents, and as Park Direct have already confirmed to the BPA, this incident is in relation to stopping, and not parking. Complaints should be sent to BPA (misleading information stating that they can hold the RK liable when they cannot), the DVLA (abusing RK data by pursuing the RK where they cannot), and Trading Standards (mis-stating the true legal position of the Registered Keeper by stating categorically that they can hold them liable, when they cannot).

Flower_123

Thanks freddy i emailed them

Manx Do you think i should just add all these notes to my POPLA appeal? I'm a bit worried because the ombudsman are taking over. Do you think anything will change like more people having to go to court? Thanks

ManxRed

No idea how the Ombudsmen people will differ substantially from POPLA, heard good and bad things about them so perhaps an unknown.

I am hoping the existing assessors are retained (does TUPE come into play here? Not sure...) and that the service continues broadly as it does now, but I'm sure the BPA will be looking for a change of some sort, primarily cost reduction.