Incorrect fine while supporting Service User. Help please

gtachorley

Hi All,

Just to give some background I am a support worker for an individual with learning and mobility difficulties and his mother (the registered keeper of his Mobility Vehicle) has received a ticket for a period when I was driving his car. 28/5/19

We have been going to a Bowling alley weekly for the last 5 years and parked in the same disabled spot throughout, in May they had new owners who used HX PCN for the carpark, the date in question was the first week they were using HX and they didn't ask us for the registration of the car (since then they have asked for a registration when paying each time we have been).

When she first notified me I filled an online form to advise I was driving and explain the situation. I then spoke to the bowling alley and they advised shouldn't be a problem they would explain to HX and should be written off.


Wr hadn't heard anything since until this weekend when the gents mother received another letter stating as no response they would proceed and increase the fine.

I rang them today they say they didn't receive my online form and I am liable despite staff not asking for a reg as I should have read the signs (I was assisting a man with mobility and learning difficulties at a place we have been going for 5 years so didn't stop to read a new sign). I explained the situation ie we have been going for years, weren't asked for the reg and we were a paying customer and can provide a receipt from our bowling session.

I am going to email them to advise not to write to his mother again (very stressful for her as she is elderly) and to deal with myself as the driver. Again I will explain the situation and include a copy of the receipt from our bowling, explain that I will not be paying the fine and have my own solicitor (close friend) if they wish to go to small claims court. Just wanted to check if this is the right way about it.


Any advise or help appreciated

Rory

MistyZ

For a start you need to complain vigorously to the landowner by email. Ask the Bowling Alley who that is. They will have the authority to get the charge cancelled and with such a record of customer loyalty there is surely a very good chance of success via that route.

I'm a little confused about where things are with the appeal process. It looks like the PPC have already been informed of the driver's identity, is that so? I can see why that course of action may be necessary but it's not ideal. However a very assertive landowner complaint is something to do ASAP.

MonkeyRum

A landowner complaint should hopefully get this sorted. However, I would also advise taking some time to read through the Newbies thread which is a very comprehensive guide to the game that you have inadvertently found yourself caught up in.

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou

It might seem overwhelming at first but you've got plenty of time to get familiar with it all. I believe HX are an IPC member rather than a BPA member which is something to keep in mind when reading the Newbies thread.

gtachorley

HX deny that I have filled in the form assuming liability as they haven't received it, so still only have details for the gents mother (registered owner).

However I need to make them aware of this asap so they deal with me instead of writing to the service users mother as she is finding this upsetting.

I have emailed the bowling alley explaining and asking them to speak to HX and email me back.

HX advise they have put it on hold for 2 weeks.

gtachorley

I did read the sticky posts but thought this was unusual as I do have to identify the driver as it is a work matter and wouldn't be acceptable to his mother to ignore.

The_Deep

It is not a fine, it is a private invoice for the alleged damages tyey suffered when, allegedly, you breached a contract. Please read this

https://www.equalityhumanrights.com/en/equality-act/protected-characteristics

and complain to your MP. as nine times out of ten these tickets are scams.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.