My first PCN advice please

purplefluffyunicorn

A week or so ago A drive was in Plymouth, parked up in a fairly empty car park,
went to pay and discovered the machine wasn't working fully, they needed to pay by card but it wasn't having it,they were running late for a client meeting ( travelled up from Cornwall) tried the second machine and still wasn't playing ball, the driver had no cash on them as was hoping to get some once had parked up and walked to a cash point, luckily a kind gentleman gave them some loose change, he didnt have enough to cover the time that wasI needed, but it was a help, they paid up and went, as thought time overran and was around 15 mins late back to the car, the car park was still fairly empty, the driver saw the camera and though f*****! went to the machine to see if I there was any way of buying another ticket to shut them up, but nope wasn't working,
Today has got a Parking Charge Notice in the post, £85, they simply cannot afford this, not even the £50 if paid up within a few days, the driver would have happily got the full ticket if the machine had worked, but it wasn't,
Do Ithey still have to pay this? What happens next?

(edited to add this has come from Britannia Parking, and not sure how to refer too the driver or the keeper confused there sorry)

Fruitcake

First, edit your post to remove information about who did what. Only refer to The Driver and The Keeper, who are two different people as far as anyone is concerned.

Once you have done that, please read the Sticky thread for NEWBIES then send the relevant first appeal template you will find there.
I can't tell you which template because you haven't given the name of the parking scammers.

No of course you shouldn't pay a scammer.

Coupon-mad

Why didn't you cover your numberplate when driving out?

purplefluffyunicorn

because I didn't think of that... will know that next time!

Coupon-mad

Just seen it's only Britannia. LOL!

Easy to beat, follow the NEWBIES thread, pay nothing.

purplefluffyunicorn

I take it they are awful? I have read through my head is hurting at mo so not fully taking everything in, but the letter that would work has the wording:
***I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.***

Drivers reason though was the machines were not working would I change this too reflect that or what? I am confused

Quentin

Don't worry about this.


Just send the blue text appeal in the newbies faq thread as it stands

purplefluffyunicorn

even if it doesn't match fully? (see my reply above yours?)

Redx

most companies fail on signage , so you challenge them on each and every legal point regardless of the circumstances

you only have to win on one single point , no matter what it is , they have to win on all points for a slam dunk win

so even if the machines are faulty , that template covers all the bases , not just one , ignore it at your peril

and when you write a post , its not like this

I am the keeper , I am the driver , I parked without paying for a ticket and I have now received a pcn in the post due to me not observing the rules and not ringing the company and me not paying for a ticket over the phone using RINGO. I am to blame and I should be hung , drawn and quartered after begging forgiveness for this ultimate sin.

the words "me , myself and I" are (or should be) banned !!

because they act as a witness statement for the claimant

tell the story as if I was the driver and you are the keeper , like this

I am the keeper , the DRIVER parked without paying for a ticket due to faulty machines and as KEEPER I have now received a NOTICE TO KEEPER (NTK) pcn in the post

or words to that effect , so you are telling a story as a third party observer , not as a first party participant , so more like BEATRIX POTTER telling a story about peter rabbit

Quentin

purplefluffyunicorn wrote: »

even if it doesn't match fully? (see my reply above yours?)

Yes


(My post #7 was in reply to the one above it from you - #6!)

purplefluffyunicorn

I edited the post to match, but thees no editing the title and no deleting option either