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How to appeal if you're not the driver
WALK9763
Posts: 34 Forumite
Sorry if I'm going over old ground - I've looked and can't find an answer to my query.
My son borrowed my boyfriends car and on 3 July got a ticket at a carpark managed by Total Car Parks Ltd (PBA member). They sited obstruction although he had parked in this same spot on other days and other cars had too.
I told him to ignore the ticket and on 2nd August my boyfriend got a letter as keeper of the car - it was stated on the letter ....In order to pursue the outstanding Parking Ticket Charge, we have established Reasonable Cause to obtain this information through the DVLA and they have identified you as the Registered Keeper of the vehicle a the time the Notice was issued.
We sent the relevant email back that was on the Forum - the BPA template letter but got an email back saying that we had to appeal the ticket through the relevant section on their email address. We then went on holiday for a week and on 17th August we received another letter from them entitled ACTION REQUIRED NOW - FINAL WARNING BEFORE FURTHER ACTION IS TAKEN. They have told us we can either pay the fine (£100) of challenge the issue of the Parking Ticket Charge Notice. They also stated that POFA allows us to pursue the Registered Keeper if we have not been made aware of he driver's full name and provided with a serviceable postal address.
My question is - how to you appeal a ticket if you weren't driving the car (or in the car when it was parked). Do we need to supply the name and address of my son so that he can appeal the ticket?
My son borrowed my boyfriends car and on 3 July got a ticket at a carpark managed by Total Car Parks Ltd (PBA member). They sited obstruction although he had parked in this same spot on other days and other cars had too.
I told him to ignore the ticket and on 2nd August my boyfriend got a letter as keeper of the car - it was stated on the letter ....In order to pursue the outstanding Parking Ticket Charge, we have established Reasonable Cause to obtain this information through the DVLA and they have identified you as the Registered Keeper of the vehicle a the time the Notice was issued.
We sent the relevant email back that was on the Forum - the BPA template letter but got an email back saying that we had to appeal the ticket through the relevant section on their email address. We then went on holiday for a week and on 17th August we received another letter from them entitled ACTION REQUIRED NOW - FINAL WARNING BEFORE FURTHER ACTION IS TAKEN. They have told us we can either pay the fine (£100) of challenge the issue of the Parking Ticket Charge Notice. They also stated that POFA allows us to pursue the Registered Keeper if we have not been made aware of he driver's full name and provided with a serviceable postal address.
My question is - how to you appeal a ticket if you weren't driving the car (or in the car when it was parked). Do we need to supply the name and address of my son so that he can appeal the ticket?
0
Comments
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The registered keeper is better placed to appeal this. He is protected by the Protection of Freedoms Act 2012, insofar as the parking company (PPC) has to jump through more hoops to hold the keeper liable than they do to hold the driver liable.
Send the template again as per the method they require.
Which PPC?Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street0 -
The company was Total Car Parks Ltd0
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Do they comply with/meet the requirements of the protection of freedoms act?
if no ( check first!!) then
Dear parking company, as you have failed to meet the strict requirements as laid out by the protection of freedoms act for keeper liability, i am under no obligation to name or attempt to name a driver, please contact the driver on the day, do not contact me again over this issue, and as per the data protection act remove my details from your data base as you have no further need to retain/process my data.From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
The company was Total Car Parks Ltd
BPA operator, so the RK has access to POPLA. Much, much easier now for him. Get the initial appeal in, it will be rejected, but that will (should) provide you with a POPLA code.
Use the NEWBIES FAQ sticky, post #3 to help you draft a winning POPLA appeal.
Know your enemy:
https://bmpa.zendesk.com/hc/en-us/articles/203619971-Total-Car-Parks-Ltd
http://www.bmpa.eu/companydata/Total_Car_Parks.htmlPlease note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street0
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