Help with parking charge notice. Please.

Fruitcake

ShatteredDad wrote: »

Thanks fruitcake. You've generated more questions though Im afraid. Can the driver identify themselves as the keeper on the day, without actually identifying themselves as the driver? Hope that makes sense.


And would the keeper on the day not need to be legally connected to the vehicle? Or could it be a case of, I lent the car off the owner, but somebody else was driving me around?


Sorry, I may be adding confusion here but I need to know the ins and outs for the sake of being confident in what I do.

The identity of the driver is never given, should not be asked for by the PPC (but many do) and cannot be demanded in court, not even by the judge.
There can be no assumption in law that the keeper on the day is the driver, or anyone else for that matter.
The keeper on the day can lawfully be identified and may or may not be the registered keeper, but it is probably better to appeal as registered keeper even if that person never actually types anything.

Fruitcake

ShatteredDad wrote: »

I feel like if i appeal and name myself as the keeper on the day, but not the driver (even though I was the keeper and the driver), it will blow up in my face at some point.


My head is now in pain haha

No. If you wish to appeal as keeper on the day, you just state that "I confirm I was the keeper of vehicle so-and-so, with VRN XXX NN YYY on DD/MM/YY."

Alternatively, act for the registered keeper as if you were them with their permission and full knowledge of what is happening. It's no different from writing a letter for someone who then reads it, agrees it is true, and signs it. Here you are doing it all electronically.
If it came to court, the registered keeper would be there but could have a McKenzie friend advocate, (or solicitor but they usually know nowt about private parking) acting on their behalf.

ShatteredDad

Ok, perfect. But just to be clear, you are saying the best course of action is for the actual registered keeper to make the appeal? I would prefer that, it keeps it clean. I am likely to forget which party I am in all of this if I try to deal with three entities, the registered keeper, the keeper on the day and the driver, ha. I'll end up forgetting my own name.


Thanks again. It's all clear now.

Carthesis

ShatteredDad wrote: »

Ok, perfect. But just to be clear, you are saying the best course of action is for the actual registered keeper to make the appeal? I would prefer that, it keeps it clean. I am likely to forget which party I am in all of this if I try to deal with three entities, the registered keeper, the keeper on the day and the driver, ha. I'll end up forgetting my own name.


Thanks again. It's all clear now.

Yes. It is simplest to always appeal in the name of the registered Keeper - i.e. the person named on the DVLA V5 document.

For reference, some notes here on frustration of contract (in a very similar set of circumstances): http://parking-prankster.blogspot.co.uk/2016/10/link-parking-youve-been-gladstoned.html

Fruitcake

ShatteredDad wrote: »

Ok, perfect. But just to be clear, you are saying the best course of action is for the actual registered keeper to make the appeal? I would prefer that, it keeps it clean. I am likely to forget which party I am in all of this if I try to deal with three entities, the registered keeper, the keeper on the day and the driver, ha. I'll end up forgetting my own name.


Thanks again. It's all clear now.

In this instance it will be perfectly OK for the registered keeper to make the appeal, even if they need someone to do the typing. As long as they agree that all statements are true, there is no deceit and no problem.

ShatteredDad

Ok perfect. I will do all of the paperwork but it will be the registered keeper making the appeal, officially. Should it go to court I will also act on their behalf at that point as well, with them present obviously. Understood. Thanks again, I'll compose the letter and get it ready to send by first class post on the appropriate day.

Fruitcake

ShatteredDad wrote: »

Ok perfect. I will do all of the paperwork but it will be the registered keeper making the appeal, officially. Should it go to court I will also act on their behalf at that point as well, with them present obviously. Understood. Thanks again, I'll compose the letter and get it ready to send by first class post on the appropriate day.

In the unlikely event that it does lead to court, just come back to this thread where the court experts will be able to assist you. (Book mark it, or put it in favourites, or search your username to find more posts by you which will lead you back here.)

Please don't tell us about debt collector letters you may get though.

Once you have sent the initial IPC template, spend some more time reading up on this scam and of course read the NEWBIES thread more thoroughly.

Don't forget to tell all your fiends and family where to come BEFORE they act should any of them get an unfair private parking charge.

ShatteredDad

Don't worry, I am not too concerned about the debt collectors. I spent a lot of time ignoring such letters in my younger days. I know how they work. And in reality I know none of these people really want to go anywhere near a court over such small amounts, and it's a last resort.


Only thing I'll be looking for / paying attention to is a court summons.

ShatteredDad

QUICK UPDATE:


Just visited NW car parks website and If I put my PCN and reg into the webiste it brings up nice little pics of my vehicle. They have also popped in a picture of the signage as evidence. No picture of the non working payment machine though, conveniently.


I really want to include my pictures of the non working machine now. Can someone advise how I can include this in my initial letter from the Newbie thread without giving away driver details etc. Obviously I need to tailor the letter slightly, if someone could give me a clue of how o do that without saying anything i shouldnt I would really appreciate it.


Thanks

ShatteredDad

Oh i've found an email appeals address as well on their webiste, wonderful. That saves a lot of bother. [EMAIL="appeals@nwcarparks.co.uk"]appeals@nwcarparks.co.uk[/EMAIL] and I definitely have 28 days in which to appeal.