PCN where permit not transferred to vehicle

Coupon-mad

Reply to the shopping centre and tell them that parking firm can certainly cancel PCNs before commencing court action and do all the time. Tell them to insist on your behalf.

Beanthere2020

Coupon-mad said:

Reply to the shopping centre and tell them that parking firm can certainly cancel PCNs before commencing court action and do all the time. Tell them to insist on your behalf.

And in response to doing this

"Under certain circumstances, I might agree.  However the PCN’s (looking at the below) are 633 and 627 days old respectively.  The contract between the centre and Care Parking does not enable me to instruct a third party legal entity, such as Debt Recovery Plus, Zenith or CST Law.

I believe I recall this coming to me initially, and confirming that although a registration is exempted, it is that registration, and not the driver who carries the exemption.  For example, once a registration is exempted, any driver can drive said vehicle onto the car park without any issue, however the same driver cannot drive any vehicle onto the carpark for a period exceeding the permitted time, as they do not carry any exemption themselves.

 The time which has now lapsed, and the stage that this has reached means I cannot legally instruct the relevant party to cancel the PCN’s.  It would unfortunately be something which would need to be resolved by the driver/registered keeper."

beamerguy

Beanthere2020 said:

Coupon-mad said:

Reply to the shopping centre and tell them that parking firm can certainly cancel PCNs before commencing court action and do all the time. Tell them to insist on your behalf.

 The time which has now lapsed, and the stage that this has reached means I cannot legally instruct the relevant party to cancel the PCN’s.  It would unfortunately be something which would need to be resolved by the driver/registered keeper."

TOTAL RUBBISH ...... who is running the show ...... sounds like the scammer is.

Nothing legal about it ..... these tickets can all be cancelled just before seeing a judge on the day.

He can legally tell them to cancel now.  He has probably been fed this fairytale by the scammer

Is this person a man or a mouse ???

Beanthere2020

beamerguy said:

Beanthere2020 said:

Coupon-mad said:

Reply to the shopping centre and tell them that parking firm can certainly cancel PCNs before commencing court action and do all the time. Tell them to insist on your behalf.

 The time which has now lapsed, and the stage that this has reached means I cannot legally instruct the relevant party to cancel the PCN’s.  It would unfortunately be something which would need to be resolved by the driver/registered keeper."

TOTAL RUBBISH ...... who is running the show ...... sounds like the scammer is.

Nothing legal about it ..... these tickets can all be cancelled just before seeing a judge on the day.

He can legally tell them to cancel now.  He has probably been fed this fairytale by the scammer

Is this person a man or a mouse ???

Sounds very much like the PPC have the site under control. Funny they say 'legally' as in the PPC have 'legally' added additional amounts to the PCNs, to which they've still offered no explanation. Will keep hammering on the door and see what gives. 

Coupon-mad

Remind us what they mean by the exemption? Is there a disability discrimination issue here whereby the shopping centre is aware of a disability need, yet is refusing to make reasonable adjustments?

Beanthere2020

Coupon-mad said:

Remind us what they mean by the exemption? Is there a disability discrimination issue here whereby the shopping centre is aware of a disability need, yet is refusing to make reasonable adjustments?

No there is no disability issue here. The company site adjacent to the shopping centre has no on site parking. So there is an agreement between the shopping centre and the company, that employees can use the shopping centre car park. There is no physical permit, it was a case of submitting name, reg number, how many days a week on site and potentially employee number (need to check the final detail). So they know the driver is listed as being exempt, albeit a different vehicle. 

Coupon-mad

Ok so the consumer is known to be exempt, therefore you could argue that it is unfair and unreasonable for the parking firm not to have cancelled the parking charge as soon as they were made aware that the driver was an exempt person.

But it sounds like that’s going to be an argument for court.  Make sure you keep responding to the PPC to remind them of the above every time they or the solicitors write. 

A Judge would find that very reasonable on your part, if you don’t sit back and assume telling them once was enough. Tell them again and tell them how it will be argued as unfair and unreasonable to pursue it and in fact unlawful under the DPA 2018 to keep processing your data once they knew you were exempt.

Beanthere2020

Coupon-mad said:

Ok so the consumer is known to be exempt, therefore you could argue that it is unfair and unreasonable for the parking firm not to have cancelled the parking charge as soon as they were made aware that the driver was an exempt person.

But it sounds like that’s going to be an argument for court.  Make sure you keep responding to the PPC to remind them of the above every time they or the solicitors write. 

A Judge would find that very reasonable on your part, if you don’t sit back and assume telling them once was enough. Tell them again and tell them how it will be argued as unfair and unreasonable to pursue it and in fact unlawful under the DPA 2018 to keep processing your data once they knew you were exempt.

Although they are arguing it is the vehicle that is exempt, not the driver. Although there is email evidence of the driver named on a list submitted to Care Parking for the parking exemption. It does state the exempt car reg, not the one use on these 2 days, but surely the fact that the driver can prove they are an employee of the company and the PPC are refusing on the grounds they didn't inform them of a different registration is unreasonable. The driver can literally prove they worked at the site on those dates, employee number, everything. If needed. 

So, should I now write to Care Parking and argue the above, or wait until another correspondence is received. Or keep on at the landowner? 

Coupon-mad

As I said, keep replying before court so there can be no doubt. 

The email evidence showing your name as exempt looks like major evidence to me.  When they saw your appeal they only needed to check a list...

Beanthere2020

Coupon-mad said:

As I said, keep replying before court so there can be no doubt. 

Apologies for asking the obviously,  but should this now be directly to the PPC,  and not the landowner, CST Law etc?

Also, driver has email trail of details being sent to site officer and subsequently PPC for parking exemption. What is the advised protocol in terms of GDPR when sharing email trails?