£3K in parking fines - help!

ShedHeadgirl

Here's Para 9 (2) from the SCHEDULE 4 OF THE PROTECTION OF FREEDOMS ACT 2012
RECOVERY OF UNPAID PARKING CHARGES - as included in the British Parking Association Code of Practice so presumed to be the most recent version available:

(2) The notice must:
(a) specify the vehicle Given, the relevant land on which it
was parked Givenand the period of parking to which
the notice relates hmmm. On each pcn a time is given, but not a period of time, if there a technical difference between these two things;
(b) inform the keeper that the driver is required to
pay parking charges in respect of the specified
period of parking and that the parking charges
have not been paid in full this is partly met: there is nothing about the parking charges not having been paid in full, but then, how could they as it is residents parking;
(c) describe the parking charges due from the driver
as at the end of that period "£40 if paid within 14 days" is included in the particulars above the general notice, the circumstances
in which the requirement to pay them arose
(including the means by which the requirement
was brought to the attention of drivers this is given) and the
other facts that made them payable;
(d) specify the total amount of those parking charges
that are unpaid, as at a time which is:
(i) specified in the notice there is no mention of the £85 shown in the car park signs; and
(ii) no later than the end of the day before the
day on which the notice is either sent by post struggling to make sense of this
or, as the case may be, handed to or left at a
current address for service for the keeper (see
subparagraph doesnt apply (4));
(e) state that the creditor does not know both the
name of the driver and a current address for
service for the driver statedand invite the keeper:
(i) to pay the unpaid parking charges; or
(ii) if the keeper was not the driver of the vehicle,
to notify the creditor of the name of the driver
and a current address for service for the driver
and to pass the notice on to the driver stated/COLOR];
(f) warn the keeper that if, after the period of 28 days
beginning with the day after that on which the
notice is given:
(i) the amount of the unpaid parking charges
specified under paragraph (d) has not been
paid in full, and
(ii) the creditor does not know both the name of
the driver and a current address for service for
the driver, the creditor will (if all the applicable
conditions under this Schedule are met) have
the right to recover from the keeper so much
of that amount as remains unpaid not included that i can see;
(g) inform the keeper of any discount offered for
prompt payment The amount shown is a discounted amount from the parking signs in the car park but it does not say this in the PCN and the arrangements for the
resolution of disputes or complaints that are available given overleaf;
(h) identify the creditor and specify how and to
whom payment or notification to the creditor may
be made stated;
(i) specify the date on which the notice is sent (where
it is sent by post) The PCN gives a date, which is presumably the date of preparation with, no other information or given (in any other case).

Am I doing the right thing here? All thoughts and comments gratefully received!

ShedHeadgirl

So now the specifics given above the general blurb in the PCN (two posts ago) as it looks as though the wording of these might be relevant:

PARKING CHARGE NOTICE TO REGISTERED KEEPER
Our Client "the Creditor); GREEN PARKING LTD
Parking Charge Notice "PCN" number: xxxxxxx
Vehicle Registration Mark: xxxx
Vehicle Colour/Make: xxx
Amount Payable: £40 if paid within 14 days
Location: xxxx
Contravention Date & Time: xx/07/xxxx xx:xx
Issue Reason: Unauthorised Parking

Thanks guys, you are stars!

ShedHeadgirl

Ok, last one for tonight, and possibly the most important:
Here's what the Boy's lease says:

Parking
a) If you rent a parking space you must only park in the space designated by the Agent. The Agent reserves the right to change your designated space(s) from time to time on the proviso this is on the same terms as previously agreed. You must comply with any parking management and enforcement that may be in place from time to time. Space(s) must not be sub-let. You must not store, keep or park any boat, caravan, or commercial vehicle which is more than 2.2 metres high and over 3 tonnes when empty on the allocated car parking space or any shared car park
b) You must keep any garage, driveway or parking space free of oil and to pay for the removal of and cleaning of any spillage caused by a vehicle of the Tenant, their family, contractors or visitors. All vehicles parked in the designated space(s) must be roadworthy, taxed and insured, and are left at the owner's risk."

That's it on parkiing in the lease.

ShedHeadgirl

Another question guys...my daughter is wondering whether to call them and make an offer, in order to avoid the whole court thing. Anyone done this? With what success?

Meanwhile I am starting to construct some defences: here's what I have so far...

The signs placed at the entrance to the car park have been changed since August 2018, suggesting that the previous signs were inadequate (still trying to confirm if this is the case)

There are a number of signs for other businesses towards the rear of the car park that demonstrate that a parking permit is not required by all vehicles using the car park.

The current signs are at variance with the terms shown on the PCC website

The current signs indicate that parking is for Permit Holders only. As a non-resident and non-permit holder I was not offered parking. If I am not offered parking then I cannot accept the terms offered.

The PCN is not in accordance with Schedule 4 of the SCHEDULE 4 of the Protection of Freedoms Act 2012 Recovery of Unpaid Parking Charges. In particular:
• The PCN merely gives a moment in time, not a period of time
• The PCN does not follow the wording requirements
• No evidence was provided with the PCN or any later notices

Not a final list yet, but a starting point for discussion. With fingers crossed that you will feel that this list has some merit.

ShedHeadgirl

Hello all, hoping for some replies soon!

Although Google street view is unhelpful in that it shows the latest signs, several people have advised us that the signs were changed recently. I understand it is possible to a) see when the current view was taken and b) to see previous versions of the street view. I've gone in via Google Earth on Chrome but am unable to see the date or previous iterations. Is anyone able to advise on how this information can be found please?

Thank you!

KeithP

I just stuck how to change date in google street view into google.

You try it.

ShedHeadgirl

@KeithP perfect, thanks. Spent hours on it this afternoon, going through Google Earth rather than Google Maps. Very grateful!

ShedHeadgirl

Hello everyone
@coupon-mad, @johnsersh and anyone else who fancies adding their thoughts
Time to be constructing final defences...all thoughts greatly appreciated! Please see last few posts for information
Kind regards
ShedHeadgirl

Coupon-mad

my daughter is wondering whether to call them and make an offer, in order to avoid the whole court thing. Anyone done this? With what success?

NO CHANCE, and NEVER EVER phone them. They will see her as a victim and will intimidate her and try to trick her in to admitting something, or will make her defence seem worthless and pressurise her into paying.

This is annoying to have in the tenancy agreement:

You must comply with any parking management and enforcement that may be in place from time to time.

And don't get bogged down in semantics like whether they have stated the 'period of parking' or 'identified the creditor' on the NtK.

9(2)f is the main 'warning' about keeper liability, such that if a PPC omits it from a NtK, then they simply cannot hold a registered keeper liable, as they have failed to comply with the statute, by not telling the keeper that they are liable, and thus not lawfully establishing a transfer of liability to the keeper.

See the transcripts of Excel v Lamoureux (our poster, lamilad) and Excel v Smith to show how this wins a case when it clicks with the Judge. Transcripts for such cases are hosted by the Parking Prankster in his 'case law' and 'more case law' pages and the Defendant can use those transcripts as evidence with her WS - is she at that stage or not yet? Remind us as this is on page two now!

ShedHeadgirl

@Coupon-mad you are a star as always.
Not sure what WS means? Her application for an extension to gather evidence ends on Monday 18th at 4pm, so we are in the last week now.
I see I didnt really comment on 9(2)f above, looking at it now I think it is debatable from the wording of the notice but I am tired. I will have a good look at the cases tomorrow