Serious help needed with Private PCN

Mr_Reality

Last Sunday and two friends parked in a private area along with other cars that were already there. They popped upstairs briefly for five minutes when a friend called to come quickly as a parking officer was taking pics of our vehicles they rushed down and spoke to the officer who specifically told us that they "would not get a ticket if we moved immediately and as he had not completed writing it" they thanked him and quickly moved and parked elsewhere. They arrived home fews days later only to find a PCN from premier park with pics of the car requesting £100 charge!

My question is -

A) should they simply pay on reduced fee (£60)?
protest that the officer specifically told us them they would not be charged as he had not completed writing the ticket (he never put a ticket on the windscreen). Two other witnesses who heard him.
C) Challenge them to prove the driver?

they personally think it is sly and deceitful what he has done and therefore they are loath to pay the charge.

Please help!!!

Edward

Umkomaas

None of the above!

Please read the NEWBIES FAQ sticky near the top of the forum thread list - one page back from here, it will provide you with the information you need to defeat this.

The sticky isn't a 'quick glance, skim read' resource, it needs to be read carefully, maybe more than once, to understand what it is you're dealing with ...... And how to handle it successfully.

HO87

Before you do anything else - and its pretty early so you have ample time before more of the regulars hit the forum - please read through the Newbies thread - Click Here.

Once you have you will have realised that there is little to panic about at this stage and I suggest that you do nothing for the moment until we have a full command of the facts. I find it interesting that you have received a letter (what may well amount to a Notice to Keeper within 10 days of the event).

Can you confirm the full name of the company concerned, confirm the nature of the letter you have received and whether it confirms (claims) that you details have been obtained from the DVLA?

Mr_Reality

Thank you both for this.

Have read through the newbies thread (repeatedly!) very interesting and helpful. I can see now why you both advised me to go there first as my own suggestions would definitely fail to do justice. As it appears my option is to send the initial "new appeals letter"as they are BPA members (Premier Park)? I have stated the requested facts below and will hold off sending until you review before sending the letter.

letter is as follows

Premier Park (states ref no, vehicle reg, issue date 18/0815, incident date 16/08/15, incident time 14:04, amount due £100)

Parking Charge Notice
DO NOT IGNORE THIS NOTICE
my name
address

We have issued Parking Charge Notice (PCN) re no - to your vehicle because it parked in a manner whereby the driver became liable for a parking charge at Aquila (housing estate) that we are authorised to manage on date - at 14.04. Terms and conditions of parking on this private land are clearly set out on the signage installed within the car park. by parking within this car park you are bound to these terms and conditions and liable to pay a charge if you breach these terms and conditions.

they then go on to qoute discount charge of £60 if paid within 14 days.

They also confirm that they requested my detail from DVLA as the reg keeper of the vehicle. The reason they give for the PCN is "Parking in No Parking area"

They then request the name of the driver if not myself or if I was not the reg keeper at the time.

payment is requested within 28 days or if no payment they quote Schedule 4 of the Protection of Freedoms Act 2012 as their right to recover the parking charge amount from the registered keeper of the vehicle.

On the reverse of the letter are payment options and Exeter address Contact and online appeals via contact address to themselves or by their website appeals.

Which do you advise should I send the "New Appeals Letter" by post or by their online system?

The notice also includes pics of my Vehicle which by the way is not parked inside the main cark park enclosure but was parked on the paving next to it though the parking signs are visible on the walls there. It could be questionable as to who owns the paving area is it the council or the Aquila Housing Complex? is it a relevant point of argument, i would rather not pursue that line as i want as little communication with the vermin as possible.

Thank you

Edward

Redx

use the template letter and their ONLINE system if that is possible

only the council or the land registry can possibly tell you who owns what, the latter for sure

Mr_Reality

Thank you will update when I can.

HO87

Can you confirm the period that passed between the PCN being issued and your receipt of the Notice to Keeper? If Premier Park really are intending to apply the Protection of Freedoms Act then they must show that where a PCN (Notice to Driver) was issued that they did not apply for keeper details until Day 28 and that the Notice to Keeper was served between Day 28 and Day 56. It seems they may be in breach of that.

Mr_Reality

Hi the incident occurred on the 16/08/15 the issue date on the PCN is 18/08/15 I was away from 20/08/15 arrived home on 22/08/15 to find PCN. So yes they got the details very very early.

Mr_Reality

Should this be noted in when send the first template letter?

Redx

they havent got the driver details at all, only you know who was driving and you need to keep it that way

you need to separate the terms DRIVER, KEEPER and REGISTERED KEEPER in your head , learn what they are and what they actually mean

if no windscreen ticket was issued they apply to the DVLA for RK details and the NTK is sent to that entity

sounds like this happened in your case so the RK received the NTK within the prescribed 14 day window for this under POFA 2012

so they are following the rulebook in some ways

send the template letter online or by post with free certificate of posting

dont reveal who the driver was (it could have been me that was driving that day)

Mr_Reality

Yes, understood, proving who was driving is a whole other point of contention for the cowboys. Will get my letter out today and see their response if any.

thanks