Period of validity

Missaver

Hi, After spending a couple of hours reading and rereading and researching this forum and the newbies post but
would still like some clarification as follows.

A couple of weeks ago on 28 July, the driver parked outside the block being moved into and was given the OK by concierge but only today received a Parking Charge - keeper liability, the first I knew of this. There was no windscreen ticket at the time. They parking charge States a breach of the contractual terms and conditions parked within a restricted area'. It is from PCM, an IPC member.

Pasted from elsewhere on this site :If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to!) the a postal PCN must arrive by day 14 if there was no windscreen ticket.

Parking charge details : date pcn issued 28/07/18

Parking charge keeper liability letter :
Date of posting of this notice 11/09/18
Date this notice is given : 13/09/18

Does the above mean they have taken longer than 14 days and therefore I am not liable? And do I still appeal online via Pcm?

I've read so much info so far and it's a bit mind boggling and overwhelming but would like clarification on the above please. Thank you.

Redx

correct

but you need to edit the above as to what happened on the day

ie:- the DRIVER parked and was given the ok (no "ME , MYSELF & I")

POFA2012 protection only applies to KEEPERS, not DRIVERS

so as long as you stay as KEEPER , then you have POFA2012 on your side

this assumes that you are in England or Wales

Coupon-mad

A couple of weeks ago on 28 July,

Two months ago...

Anyway, I expect PCM will pretend to have served a PCN on the windscreen back then, in which case the NTK was served at the right time.

To flush out the truth, send PCM's Data Protection Officer (DPO) a SAR* asking for all photos taken and all letters and a copy of the PCN.

The PCN will not be cancelled and PCM might get Gladstones to try a small claim. Read Jopson v Homeguard (the transcript - Google for it) to see how that case supports your moving in unloading activity. You will have a decent defence and do not need to hide behind being 'the keeper' in this case.

Can you get the Concierge to sign a pre-typed letter you create, stating that he/she agreed that you could unload and to stop your car (VRN xxx xxxx) and park temporarily where you did on site. This was with his/her agreement, for a period of time to allow you to move in, on the afternoon of 28.7.18.

Don't expect him/her to type that! You do it secretly in advance, then surprise the concierge with it (do not ask if they will sign a letter without actually having it to wave under their nose, as they are more likely to say ''no''...). Ambush the concierge with it as a fait accompli, and have a pen ready and encourage them to sign it for you as evidence, ready for when PCM try a baseless claim.

SAR first!

To the DPO (look on PCM's website for their privacy notice & who to contact.




*search the forum. Examples galore.

KeithP

It means that liability cannot be transferred from the driver to the keeper.

Liability remains with the driver.

It is important not to give away the identity of the driver.

With that in mind, perhaps the first sentence of the second paragraph of your post should read something like:

Two months ago on 28 July, the driver parked outside the block she was moving into...

The parking companies read this forum and can use your post against you.

Coupon-mad

There will have been a ghost PCN on the windscreen. The SAR will show it.

Missaver

Thank you for your replies. I have also spoken to the concierge today, therefore, they will know its my car, to see if they will understand and cancel the PCN, but will follow your advice as well.

Guys_Dad

Missaver wrote: »

Thank you for your replies. I have also spoken to the concierge today, therefore, they will know its my car, to see if they will understand and cancel the PCN, but will follow your advice as well.

Of course they know it is your car - The DVLA told them.

But they don't know that YOU were driving it, do they? Unless you tell them.

What intervention is the concierge going to make?

Missaver

The concierge told me I just need to contest it. As suggested by coupon mad above, I can prepare a letter for them to sign but at this stage, no intervention.

I'd be grateful if anyone can post a link for SAR template letter as I've not managed to find one yet on this forum.

Thank you,

Coupon-mad

Hmmm...that has not helped you and is the exact opposite of the recommended way to approach the concierge:

Don't expect him/her to type that! You do it secretly in advance, then surprise the concierge with it (do not ask if they will sign a letter without actually having it to wave under their nose, as they are more likely to say ''no''...). ,

Ambush the concierge with it as a fait accompli, and have a pen ready and encourage them to sign it for you as evidence, ready for when PCM try a baseless claim.

No chat in advance...now their hackles will be up when you try to get them to sign a letter.

Missaver

To clarify, I didn't mention any letter to them at all, just asked if they would be able to help my case of moving in day, new to site, etc. And I don't see any prominent signs around re parking restrictions.

On the Parking Charge - Keeper Liability letter, it also states,' 28 days have now elapsed since we gave you a Notice to Keeper Letter', but the truth is, I never received anything until now! Do I still have a strong case?.

It is now too late to appeal to pcm, shall I appeal to IAS?

The letter threatens increased fine, debt collection agency, legal action, etc if no payment is received in due course,which I suppose is to be ignored after reading all the advice given or to follow the guidelines here.

I will also follow as coupon mad replied above.

Appreciate your guidance in advance.

KeithP

Missaver wrote: »

...shall I appeal to IAS?

Best you read post #3 of the NEWBIES FAQ sticky thread for the answer to that question.

Hint: the answer is NO.