Fixed charge notice from ICP member

I'm a bit confused and hope someone can help. I'm helping someone who is dyslexic but want to make sure I am not giving them bad advice.

A fixed charge notice has been recieved by someone who has been named by the keeper of the vehical as the driver (failure to clearly display a valid ticket/permit)

A parking ticket was purchased and they believe it was clearly displayed. They can no longer find ticket but can remember how much they paid and know that they left many hours before the ticket expired.

The photo evidance provided has a white patch over windscreen where the flash has bounced off windscreen and in my opinion does not clearly prove that a parking ticket was not displayed. Should I advise the person involved dispute the fine on this basis. The photo also shows the parking sign next to the vehical although it is not clear enough in the photo to read.

Also should they still use the Template appeal for IPC members and if so what should they do about the fact they have been named as driver given their relationship to the keeper they do not feel able to dispute that they were driving.

And finally would the last 2 paragraphs quoted below still be relivent if not disputing as the keeper
'Should you obtain the registered keeper's data from the DVLA without reasonable cause (e.g. if you do not fully comply with the IPC Code of Practice in terms of signage at this site, as seems likely based on my research) please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me. I do not give you consent to process data relating to me or this vehicle.

I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.'

My appologies for all the questions but I do not want to give bad advice

Many thanks in advance

Replies

  • FruitcakeFruitcake Forumite
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    It is not a fine.

    It's a shame the driver has been outed, but nothing can be done about that now.

    Yes the IPC template should be used, but perhaps cut down to remove the bit about keeper details and DPA breach.

    It is always best for the person appealing to get their own pics, but one supplied by the parking scammers where the signs couldn't be read is useful if it gets to court.
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  • Lsw_2Lsw_2 Forumite
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    Thank you fruitcake and you're right I dont know why I called it a fine when the first thing I told the person involved was that it wasn't a fine.

    Sorry one more question I should have asked. Should they detail the cost and duration of the ticket the purchesed when denying liability?

    Thanks again
  • edited 31 August 2017 at 7:28PM
    RedxRedx Forumite
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    edited 31 August 2017 at 7:28PM
    if appealing as keeper and not driver then the details on the purchased ticket etc would not normally be known

    always be careful what you add to any appeal as too many people give away information that is better to be kept secret

    so if adding to the appeal , word it very carefully

    BUT , if the driver has been outed, then yes add details of the paid for ticket
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • UmkomaasUmkomaas Forumite
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    Is this Napier?
    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.
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  • Lsw_2Lsw_2 Forumite
    4 Posts
    Redx they cant appeal as keeper because they are not the keeper and have been named as the driver by the keeper.

    Umkomaas I cant be 100% certain coz I dont have his FCN in front of me but the name rings a bell so possibly
  • RedxRedx Forumite
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    as driver they cannot hide behind POFA2012 so can say whatever they wish , doesnt really matter what is said because NAP will dismiss the appeal anyway

    so yes, use the IPC template and add the paragraph about the ticket being purchased

    but NAP will ignore it and wont uphold any appeal no matter what the content says
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • Coupon-madCoupon-mad
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    The good news is, Napier use BW Legal who muck up court claims...so worth fighting.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Thanks for your help everyone I will be going round tomorrow to help them write their letter and see how it goes c
  • Coupon-madCoupon-mad
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    Also should they still use the Template appeal for IPC members and if so what should they do about the fact they have been named as driver given their relationship to the keeper they do not feel able to dispute that they were driving.

    Write in a straightforward and honest way, as the driver. If that is the dyslexic person, include the fact they are dyslexic, and say it may have taken them a few minutes to read the signs, especially the terms and conditions at the entrance (usually VERY long, 3000 words if Napier!).

    Then say what you said earlier, that a parking ticket was purchased and they believe it was clearly displayed. They can no longer find ticket but can remember how much they paid and know that they left many hours before the ticket expired - and state those facts and figures.

    No templates, if it is Napier. The honest appeal works better for them, IMHO.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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