One parking solution (PCN)

Fedupwithbeingripedoff82

Hi all
I am wondering what to do about this £100 or reduced to £60 pcm as my Mrs just thinks I should just pay it!
But the thought of me working the best part of a day to pay for it just seems unfair.
I have read the newbie section and was going to copy the pre written letter untill I noticed on the pcm

" you are advised that if after 29 days from the date given (which is presumed to be the second working day after the date of sending) , the parking charge has not been payed in full and we do not know both the name and current address of the driver, we have the right to recover any unpaid part of the parking charge from you. This notice is given to you under paragraph 9(2)(f)of schedule 4 of the protection of freedoms Act 2012 and is subject to our complying with the applicable conditions under schedule 4 of that act.

I would welcome all advice please. And I apologise for bad spelling and grammar as school wasnt my strong point as I am a hands on person.

The pcn is from One parking solution and is for the driver of the vehicle saying liability of the charge was brought to the attention of the driver by clear signage in and around the contravention location at the time of parking. But the driver of the vehicle says different as they do not remember seeing any clear signs. As they parked in the car park to use local shops and parked in the resedents parking for 10 min as there was no free spaces to use the shop and did not see a sign you will get fined for it. The pcm has a photo and says it's one of many taken at the time of the event.
Shall I just pay it or do I try and fight it ?

Fruitcake

You have come to a forum that is dedicated to fighting unfair private parking tickets, so why ask us if we think you should pay it?

Send the template from the NEWBIES exactly as it is. Then start reading up on how to win at PoPLA.

That NTK wording looks non POFA complaint to me. The words you have quoted do not appear in the POFA 2012. Compare "29 days" and "second working day" with what the POFA actually says.

It is not a fine.

I think your Mrs is daft. Does she think it OK for me to charge £100 for you or her to read this post here?

You should complain to your MP and the MP where the alleged event occurred if different, referring to the comments made by our MPs in parliament you will find in post 1 of the NEWBIES about this unregulated scam.

Fedupwithbeingripedoff82

Thank you for the quick response.
I know it sounds daft asking if I think I should pay but it's just a case of just a easy life and fear of making it worse. But there was that part of me thinking it's unfair to pay those robbers trying to take my hard earned money!
I will send them the template on appeal option on there website.
It does make me laugh when it says
As the registered keeper of the vehicle, you are now invited to pay the unpaid parking charge. Well I don't except there invite

Redx

it is not our job to tell another adult if they should pay up or not, its a matter for them and them alone

so it is a decision for the one being faced with the demand for money and several legal factors may influence the decision

however, it is not alright for a driver to park in a residents only bay or a disabled bay or whatever because of their own selfishness in not parking somewhere they are allowed to park, which is why the parking p@rasites are employed and will seek out victims like selfish drivers at every opportunity as they have done here

as for the KEEPER and their liabilities, if they allow a driver to flout the rules (on or off the road) then there are laws that may make them pay for allowing their vehicle to be used in this manner, be it speeding or parking or whatever

so if the PPC have abided by POFA2012 and contract law then the keeper may be liable and a judge may find against them and cost them money

these are the legal issues a keeper must face in making their decision as to pay or not

they may decide to try to appeal and to win on a technicality , like Beckham did recently (well Nick Mr Loophole Freeman did on Beckhams behalf) - by appealing the keeper is going down the TKO route, so lets hope the keeper is right and can win on a TKO

they may decide to dob in the driver and let them account for their selfish action, possibly in front of a judge. I am sure the opportunity to name the driver was on that pcn

Guys_Dad

The blue template only takes you to the next stage and you will probably get a rejection.

So what reason did they give for the ticket, what happened, how long were you there etc etc.

Realise that you will need some appeal reasons that can be backed up so do read some other threads to get a grip on what to do.

Fedupwithbeingripedoff82

The Driver of the vehicle has assured me that there was no selfish actions taken place as there was no available parking for any of the shops as all spaces are full and strangely enough no body in the shops. And as the nearest available space within 1/2 a mile away and he saw no sign saying he would be invited to pay a £100 for parking in empty residents bays while his friend stood watch to move the vehicle if a resident needed to park while he supported the local shops for ten mins. It seems very unfair to get charged a 12h shift wages for it.

Redx

he can tell it to a judge , because it is a judge he will ultimately have to convince if this goes to court , telling us is irrelevant

a judge will decide on contract law and if POFA2012 was complied with , plus any proof of the signage etc by the claimant

poor signage could be one of the defence points

however, if they take a keeper to court, it may be irrelevant what the driver says, as they are not the person in the "dock" (unless the keeper names them as driver beforehand)

Fedupwithbeingripedoff82

I can name the driver but from everything I have been reading on here it is advised not to name.
And also what rights do these unregulated thieves have to be able to get hold of the registered keeper address name etc? As Surely anyone could look up anyone's name address etc from knowing a vehicle reg number and who knows what they could do with it

Redx

these companies are registered with the BPA or the IPC and so have access to keeper data from the DVLA and they pay £2.50p a pop to get it


https://www.express.co.uk/life-style/cars/832782/DVLA-parking-fine-tickets-UK


we do not advise that the driver is named unless the keeper has a good reason for doing so

one reason may be that the keeper wants to wash their hands of it and let the person who did the "crime" answer to a judge for their actions

like Chris Hoon should have done instead of naming his ex misus Vicky to take the rap for speeding, and she should not have allowed him to do so

the keeper has a choice to make in that regard, but must be made aware that if they take it on the chin they dont get to let a driver account for their actions in the court if it gets that far

KeithP

Fedupwithbeingripedoff82 wrote: »

...also what rights do these unregulated thieves have to be able to get hold of the registered keeper address name etc?

The DVLA has the legal power, under regulation 27 of the Road Vehicles (Registration and Licensing) Regulations 2002, as amended, to: “make any particulars contained in the register available for use by any person who can show to the satisfaction of the Secretary of State that he has reasonable cause for wanting the particulars to be made available to him.”

MistyZ

Hi there. If you're going to fight this then you need to make a bit of a hobby of it, starting with reading through the Newbies section. You don't need have to have been top of the class back in the day, but you do need determination.

As Fruitcake mentioned, the NTK may be non-compliant with POFA which would make it a 'golden ticket', an easier ride might then be in store. The Newbies' section explains POFA and a search for 'golden ticket' will help too.

You need to get your appeal to Parking Eye done using the blue text template on the Newbie's thread. It'll almost certainly be refused but that's the way to get the POPLA code for the next stage appeal. Also a good idea to get some photos of the car park signage ready to include in a POPLA appeal.