Parking Charge Limited PCN

Jobijoba

I don't know how to insert pictures sadly as I have taken pictures.

There are 2 signs at the entrance of the Road/Lane:

Hever Business Centre
Private Road

and the other one says:

Private land
Parking by Cashless payment only
30 mn free drop-off
(and some very fine small prints)

The only way to pay also is by phone or through a phone app. The driver did not have his/her phone in addition to not parking in the actual car park.
I can imagine if I appeal that they will say that ANYWHERE past the signs is private and that parking anywhere after the signs means one needs to pay... Except it is not written anywhere, and unless you get to the gates of the actual car park, it is not obvious at all that you have to pay to park, even along the lane for example..

Coupon-mad

Parking Charge Limited. Station car park

I can imagine if I appeal that they will say that ANYWHERE past the signs is private and that parking anywhere after the signs means one needs to pay.

But you won't be appealing as driver, talking about the story of what happened.

You need to use the template appeal in the NEWBIES thread (UNCHANGED) to hook a POPLA code. That is why that thread is a sticky, near the top of the forum & in capitals to call people to read it before posting. That's where the template appeal is (one size fits all - please don't scrutinize it and reply saying it's not relevant - who cares - it is, for the purpose it is intended for at first appeal stage).

I don't know how to insert pictures sadly as I have taken pictures.

Host them in Dropbox, then get a 'share' link, and post the URL here (no uploading it, as you can't yet). Break the URL link by changing http to hxxp like everyone else does.

Can you show us a scan of both sides of the postal PCN itself, as I am wondering if PCL use the POFA wording to hold a keeper (especially one who was not driving) liable.

Jobijoba

Will post dropbox link with photos. PCN says the Driver is liable and if you were not the driver , identify the driver etc. If driver is nOt known within 28 dqys, "we will have the right to recover from you", i.e. me the keeper.

When going online onto to pcnpay.co.uk, and simulating an appeal, one needs to choose/check if you are the : 1. Keeper (Owner) 2. Driver (If not Owner) 3. Hirer (on thE day the vehicle was parked)

I am the owner but I was not the driver and have no intention whatsoever to name the driver.

On a sIde note I "love" the fact that the daily charge is £2.50 but the only options to buy a ticket are online or via phone and the convenience charge is 20p, which makes it £2.70 and not £2.50 as stated on all signs. The PCN states that "vehicle was parked without clearly displaying a the required valid pay and display ticket" (How could it be when there is no physical ticket) and "no other cashless parking payment needed" (what if I don't have a phone, is it legal requirment to have a mobile ?) I can't use cash isn't that legal tender in the UK?

Guys_Dad

Jobijoba wrote: »

The PCN states that "vehicle was parked without clearly displaying a the required valid pay and display ticket" (How could it be when there is no physical ticket) and "no other cashless parking payment needed" (what if I don't have a phone, is it legal requirment to have a mobile ?) I can't use cash isn't that legal tender in the UK?

Forget this route. If their t&c require a mobile phone to buy parking and you don't have a mobile, then you are free to park elsewhere. You should demand photographic evidence of you not displaying a ticket as well. Obviously they cant provide that.

Whatapain

Question is: If Driver is unknown, can they prosecute the keeper/owner as they state?

KeithP

Whatapain wrote: »

Question is: If Driver is unknown, can they prosecute the keeper/owner as they state?

Prosecute??

No-one will be prosecuted. This is a Civil case not a Criminal one.


If the driver is unknown they can try and transfer the driver's liability to the keeper, but to do that they have to follow the strict criteria specified in Schedule 4 of the Protection of Freedoms Act 2012.

Coupon-mad

Whatapain wrote: »

Question is: If Driver is unknown, can they prosecute the keeper/owner as they state?

Did you miss what I said about this?

Can you show us a scan of both sides of the postal PCN itself, as I am wondering if PCL use the POFA wording to hold a keeper (especially one who was not driving) liable.

Jobijoba

Coupon-mad wrote: »

Did you miss what I said about this?

No I did not but I can not post a link with pictures annoyingly..Not sure what/how to do it


Thanks!

Le_Kirk

Jobijoba wrote: »

No I did not but I can not post a link with pictures annoyingly..Not sure what/how to do it.

Use any of the hosting sites (imgur, dropbox etc) and post the URL they give you like this: -

Instead of https://
Use hxxps://
and a regular will correct your link for you.

Jobijoba

thank you very much, I can only insert this much as it is otherwise recognised as a link and can't be posted:

.flickr.com/photos/165954634@N08/?[/url]