Have I already shot the driver in the foot!?

TodderZz

Hi,

So I, the registered keeper of the car, recently received a PCN from ParkingEye for the usual 60 pounds and 100 after 14 days from the issue of the charge.

Upon recieving this I, the registered keeper of the car, rang the retailer (DW gym), in order to discuss and see if there was anything they could do. I spoke to the manager and the lady on the phone asked for a name to which one was given. In this discussion with the manager, the identity of the diver was eluded to.

Now reading this forum, I am under the impression this was the worst thing I could’ve done. Unless of course the lady was asking for a name innocently. Have I already shot the driver in the foot?

To continue the issue, does the registered keeper of the car even have a case to dispute the charge? The driver of the car drove into the car park and didn’t see the signs making them aware that it was a private car park, so they didn’t knowingly enter the contract with the parking company. This of course has been stated as being a poor defence as mentioned on the forum as the signs are clearly there for the driver to see and so they should have. However, the driver is unsure as to how clear these signs were, along with their visibility at the time, especially at the time of incident (night time). Alongside this, the driver actually thought the business in which they were visiting was a part of the company who’s car park they used. Demonstrated by the fact they walked into the businesses premises and asked which way they would need to walk within their premises to get to the “soccer dome”. To which they were directed to go back outside and round the corner. At this point they wasn’t made aware of the fact that the car park was for members of DW gym only, but upon speaking to the DW gym manager there are apparently signs around the gym reminding drivers to input their details of their car into their computer.

Is there any way in which this fine could be contested, or is the registered keep of the car destined to pay the fine?

Regards

bergkamp

So the signage is clearly easy to see then.....

Please ' anonymise ' your post for your own benefit.

KeithP

Hi and welcome.

You are right... never reveal who the driver was.

Unfortunately, you have done it again. :eek:

The first thing you need to do is edit your post and immediately remove your full name from that post.

Also edit it to remove other clues to the driver's identity.

You are the keeper - the person who received the Notice to Keeper through the post.

It was the driver that did all those things you mention on the day of the parking event.

Private parking companies trawl forums like this one just waiting for people to trip themselves up.

Thus it is always a good idea to ensure that there is no possibility of anyone concluding that the person writing on this forum is anything but the keeper.

...and bergkamp will need to edit his post for the same reason - having quoted the original post.

TodderZz

Thanks for pointing this out, please could you edit your post bergkamp?

KeithP

Lots more editing needed.

For example it was the driver who drove into the car park.

There really is no place for the word I or me or my when describing what happened on the day.

TodderZz

KeithP wrote: »

Lots more editing needed.

For example it was the driver who drove into the car park.

There really is no place for the word I or me or my when describing what happened on the day.

Updated again, thanks for the tips! Uploaded this in a panic. Drafting wasn't my first concern, when it clearly should've been.

KeithP

Ok Todd, we're making progress.

You need to read the NEWBIES FAQ thread, at least the first post at this stage, and you will find an already written appeal just waiting for you to send.

It's the blue one you need.

To answer your question... yes of course this is worth fighting.

Coupon-mad

If this is DW/Soccerdome at Wigan then POPLA have found the signs to be unclear before, but only when a person argues it well as per the pics and aerial maps that I am sure are on the forum already.

Here's a few I found just by putting the single word 'soccerdome' into the forum search:

https://forums.moneysavingexpert.com/discussion/5548246

https://forums.moneysavingexpert.com/discussion/comment/72656804#Comment_72656804

http://forums.moneysavingexpert.com/showpost.php?p=71739141&postcount=2453

At least one link there shows a successful POPLA decision, and so you could at POPLA stage, use POPLA's own words persuasively back at them!