Parking Awareness PCN and Keeper Liability

Kaston

First let me say that before starting this thread I have read the Newbies sticky and clicked on all sorts of links to try to find the information I'm after, so I promise you I'm not starting this thread lightly.

A few weeks ago I was given some work to do in a pub that was undergoing a major refurb (I install TV and sound systems). I parked in a car park next to the pub that was already full of other trades vans and skips. I genuinely didn't see any signs for parking restrictions. I made the mistake of assuming it was the pub's car park as it was so busy with these other trades and people milling about. I left my van and went straight into the pub. I was there just over an hour and then left again. A couple of weeks later I got a Parking Charge Notice from a company called Parking Awareness Services. I was really surprised and immediately started Googling them. From what I read on here and other sites, I just thought I was being scammed and decided to take some of the advice I'd seen and ignore it until I got the next letter from them a few days ago. This is a Notification of Keeper Liability letter stating that as I had not given this company the name of the driver, that I was now liable for the charge and that I had 14 days from the issue of the letter to pay or risk another £25.00 on top for administration of the final demand.

PCN's are an occupational hazard in my line of work. If I park somewhere and know I have to pay, then I pay. I don't have a problem with having to pay for parking on council or private land. Over the many years I've been in this and similar lines of work, I've had a few council PCN's due to underestimating how long I was likely to be on a site. Most I've paid promptly, Some I've appealed and am about even with wins and losses. This is the first time I've ever been charged by a private company and don't know where to start.

I'm making an assumption that they have photographic evidence as there wasn't any ticket on my van when I returned to it. I have had a colleague check the car park out for me as he had to go to the same pub for other work. He told me that there are a couple of signs stating the parking restrictions and that they state that "ANPR may be in use. Images may be captured and retained for enforcement purposes."

Having read as much info as I can and compared it to the letters I have received, I'm starting to think that PAS have a good case against me but I refuse to go down without a fight on this occasion. From the information I have picked up, it looks like I need to write to PAS and ask for all the evidence regarding their contract with the landowner, photographic evidence of my alleged contravention, etc. Is this correct? I'd be really grateful for any helpful advice from the rest of you on the forum. If it's any help, PAS are members of IPC, not BPA. Thanks

pappa_golf

will there be any money in the kitty to continue with this claim , will the DVLA ban access http://parking-prankster.blogspot.co.uk/2017/07/parking-awareness-services-to-pay-400.html

Coupon-mad

I'm starting to think that PAS have a good case against me

Think again! This is PAS - NEVER pay any private parking charge - they are not legitimate not to be paid, not fines. But don't ignore them either.

PAS are members of IPC, not BPA.

Nasty - no appeal then. The NEWBIES thread tells you what to do at each stage.

Kaston

pappa_golf wrote: »

will there be any money in the kitty to continue with this claim , will the DVLA ban access http://parking-prankster.blogspot.co.uk/2017/07/parking-awareness-services-to-pay-400.html

I read that earlier. I just hope that they sell this on to MIL or a similar company.

Kaston

Coupon-mad wrote: »

Think again! This is PAS - NEVER pay any private parking charge - they are not legitimate not to be paid, not fines. But don't ignore them either.




Nasty - no appeal then. The NEWBIES thread tells you what to do at each stage.

I've read as much of the Newbies thread as my brain can take at the mo. It just seems to cover so many different scenarios but I can't find one that applies to this one. It seems to me that PAS have everything covered in my case. The car park is about 40 miles away but I'm considering going back to take a look for myself. I can't believe that I missed the signs although it was particularly busy when I visited and was much quieter when my colleague went. I will keep fighting though, all the way to court if necessary.

Umkomaas

I can't believe that I missed the signs although it was particularly busy when I visited and was much quieter when my colleague went. I will keep fighting though, all the way to court if necessary.

Just send off the initial appeal using the template for IPC members from post #1 of the NEWBIES FAQ sticky. Your appeal will be rejected and you will be offered the opportunity to further appeal to the IAS. Ignore that (NEWBIES sticky, post #3 explains why).

Beyond that, it's standard forum advice - ignore anything else that follows other than court papers. But, imho, it's highly unlikely this will get to a court case.

https://bmpa.zendesk.com/hc/en-us/articles/203549852-Parking-Awareness-Services-Ltd

http://www.bmpa.eu/companydata/Parking_Awareness_Services.html

Come back for more help if court papers are served.

Guys_Dad

If, for whatever reason, you contravene a PPC's t&c they can take you all the way to court and, if they have evidence to support their claim, then you are on the back foot and they stand a good to excellent chance of winning.

So you have to do some work to show that they have slipped up in their procedures or signs or documentation. Regrettably, with the exception of a non-compliant NTK, you may have to make that 40 mile journey or phone a friendly pub with a camera.

Can you just check the date on the original charge notice and date of contravention to see if they failed POFA timescales.

Kaston

Guys_Dad wrote: »

If, for whatever reason, you contravene a PPC's t&c they can take you all the way to court and, if they have evidence to support their claim, then you are on the back foot and they stand a good to excellent chance of winning.

So you have to do some work to show that they have slipped up in their procedures or signs or documentation. Regrettably, with the exception of a non-compliant NTK, you may have to make that 40 mile journey or phone a friendly pub with a camera.

Can you just check the date on the original charge notice and date of contravention to see if they failed POFA timescales.

They sent the original NTK within 14 days and everything seems in order when I compare it to all the information I can find.

I'm still not sure if I should just ignore all their letters and wait to see if they take it to court or if I should write to them disputing the PCN and asking for all the evidence they think they have.

Redx

Kaston wrote: »

They sent the original NTK within 14 days and everything seems in order when I compare it to all the information I can find.

I'm still not sure if I should just ignore all their letters and wait to see if they take it to court or if I should write to them disputing the PCN and asking for all the evidence they think they have.

thats why UMKOMAAS told you to send the IPC template back in post #6

then you IGNORE unless you get an LBC or an MCOL (for up to 6 years)

remember , its a demand for money for an unpaid invoice , nothing more. if you dispute owing it, then there is nothing else you can do