Premier Parking issued ticket - Private Land

Rainbowstar12

Just received in the post a ticket for £100 and I am seriously stressed!

My partner and I drive a Motability car for the purpose of my 12 year old (who is registered as the registered keeper through Motability) as she is physically disabled and has cancer.

We stayed overnight in a pre-erected tent at a local beauty spot. When we arrived we were told we could park where we did (not by the landowner but by the tent-people) as we had to do several trips to offload our luggage, medical equipment and wheelchair as the nearest parking was over a mile away. My partner and I took it in turns to drive back to our house some ten mins away to reload and return.

Other cars were parked there, and I genuinely didn't see the signs due to the other cars and many many cyclists! They are there though as I went to check today. These signs said we could have a pass, arrange with the land owner to park or pay the £100... I never saw a landowner and they certainly didn't approach me, so the first two didn't count!
Anyway my question is this: the RK is my 12 year old. Given we were both driving (and the only two people registered through the Motability Scheme to drive) neither of us can say at what point which one of us was driving! I even placed the blue badge in the window as force of habit! What do we do? I haven't responded to the letter yet but suffice to say I can't ignore it and yet it isn't even addressed to me? Any advice please?!

bod1467

Where was this? (England/Wales, or Scotland/NI?) The answer influences how this is tackled. (But read the NEWBIES sticky thread anyway ... my signature below tells you how to find it).

This seems a fairly unique scenario though ... RK is under-age to be able to drive or even agree to an enforceable contract. I don't know if POFA can even be enforced on a minor.

Might be worth waiting until a few other regulars get to see this. (But answer the question above please).

hoohoo

Cant remember if premier parks ntk are compliant or not - if not then there is no problem.

Did you get a windscreen ticket? If not is this ANPR?

Its not clear where you got the ticket for? The beauty spot? By your tent?

enfield_freddy

we had another case recently regarding a Motability car and I think it was a 4 yr old registered keeper ,,,,,,


I will search for it




http://forums.pepipoo.com/index.php?showtopic=100994&hl=motability




I seem to recall the child replied to the ticket with the following words


"My Daddy says I have to write to you, as you sent me a letter saying my parking was fine, thank you.

Do you park fine as well?

I like Smarties and daddy says that you are Smart parking and liked my parking so much that you sent me a letter.

I wish I could help you more but as I am only just over 4 Years old and legally cannot enter into a contract.

I can spell unenforceable - can you?

Bye Bye


or


"Dear Sir

Ref ****

I am writing on behalf of the registered keeper of this Motability Car
She is only four years old and cannot read or write.

She's asked me to give you this money from her playset
Sorry that it's Henbrandt Sterling instead of Pound Sterling
It's also a bit sticky

She's sent you a picture. Isn't that sweet ?
Perhaps you can sell it

Yours Faithfully"

The_Deep

Dear PPC, I have discussed your NTK with the registered keeper, my 12 year old severely disabled daughter. She has emptied her money box and it only contains 54 pence and a washer. Can she pay off the balance at 10 pence a month.

enfield_freddy

pity this lot are not in the IPC , driver "presumed" under there rulings to be the registered keeper .


would love gladstones to push it to court , and the reg keeper stand up in the dock , (yes we know its not a dock)

Rainbowstar12

Sorry...
This was in England. The place where we parked was a small car parking area about 100 yards from the tent. We couldn't get any closer as it was in a field! This was at the end of a mile-long lane and the ONLY access to the site.
I forgot to mention, where we parked, there was one sign that I could not see at the time as it was obscured by cyclists and other cars. It was only when I returned yesterday that I saw it. There are others but not in view of where we parked. Had i or my partner seen the sign we most definitely wouldn't have parked there without one of us remaining with said car to explain to these vampires that we were only offloading!

Rainbowstar12

There was no ticket left on the windscreen we just received a letter with a photo of the car on it. Had we got a ticket we most definitely would have known which of us was responsible that time!

Hot_Bring

A12 year old can't legally enter into a contract - ask them if they plan to use that defence in court.

hoohoo

Hot_Bring wrote: »

A 12 year old can't legally enter into a contract - ask them if they plan to use that defence in court.

But it would be the driver who entered into the contract, not the keeper. POFA then makes the keeper liable. There is nothing in POFA that transfers the contract, just the liability.

A lot will therefore depend on the notice to keeper.

Otherwise as the signage seems poor, this is a good bet, and the POPLA annual report bears this out.