Lamorna Cove again!

goodneighbour

Hello


<div> I am the Registered Keeper of a van which has received a PCN yet again at Lamorna Cove private car park.

My partner was driving the van and he parked for less than an hour in a leased parking space with permission from the leasor (the resident who has the lease). He needed to load up some rubble from a job he was finishing.

There have been problems before with this parking space and the leasor has had multiple problems when his employees and holiday guests have parked there legally, without buying a parking ticket from the machine of course. There is a camera recording all who enter and leave the car park and it should ignore those in this leased space.

So, the leasor has contacted the owner of the car park and was told that Premier Park would come and check the camera was working. She also , unwillingly, said she would rescind my partner’s PCN.

But so far nothing has happened and I have received the First Reminder.

I was waiting to see if the ticket would be cancelled but now feel I need to either Appeal, or give the Drivers name, or do something.

I have read the thread of not giving the driver’s name but it looks like it makes little difference in this situation. And as I am annoyed at having this happen for the second time I’d prefer my partner to get the letters!

Please advise what to do?
We are about to go away for a few weeks and this is still hanging over us. We have sent many emails to the car park owner, and so has the leasor of the space who is paying a lot of money for this space every year. But the owner normally ignores all messages. We do however have her email saying that she will get the PCN cancelled.

If it is best that I write and appeal but without naming the driver I will do so.
So far I have done nothing.

Thank you

Kate

goodneighbour

Last time this happened - again in the same leased space and again with my partner driving, we got the ticket recinded - eventuallyy but after a lot of hassle. That time I made the mistake of giving drivers name which is why I am hesitating this time.

Coupon-mad

So, the leasor has contacted the owner of the car park and was told that Premier Park would come and check the camera was working. She also , unwillingly, said she would rescind my partner’s PCN.

But so far nothing has happened and I have received the First Reminder.

As you are the keeper, reply to the reminder and name the person who has agreed to cancel the PCN and recount the conversation where that was promised (do not use the word unwillingly). State that you require confirmation it is cancelled, due to the landowner complaint, and this also counts as your appeal as keeper, and the driver will not be identified.

goodneighbour

Thank you Coupon-Mad. I have done an online appeal with reference to the email from the car park owner who put it in writing that she would cancel this ticket but has not done so.


I did not name the driver.



Another vehicle parked in the same leased space also received a PCN which was rescinded about a week ago.



We will wait and see.



Apologies for the error in spelling - for some reason on this forum I cannot use the letter y which is just before z in the alphabet!

goodneighbour

Hello again, a couple of weeks passed and then I got an email telling me I must name the driver.  I have read through the threads about NOT naming the driver and keeping the PCN in the name of the Registered Keeper but.... I have a suspicion that the Lamorna Car Park owner only wants to cancel the PCN if it is in the name of my partner - the driver.

My partner wants me to name  him as he knows I am stressed out by this whole thing so I am asking, is there some strong reason NOT to name the driver when there has been a clear and written agreement to cancel the PCN even though it has not yetnbeen done?

The lessee of the parking space has been fully supportive and is still writing to the Lamorna Cove Owner to request that she follows though on her promise to cancel but still no joy.

Thanks - I have to do this by 14th February apparently.

Redx

the only issue about naming a driver is that a driver cannot be protected by POFA , the law that helps a keeper

If the parking company have complied with POFA then it would not matter apart from removing you from the loop, but would mean your partner would have to deal with it , even a possible court case

there is no legal reason to name a driver, it is not a mandatory requirement

so you must weigh up the pros and cons

pros - you are out of the mess due to naming the driver under POFA

cons - the driver must defend it as the driver, no getout due to POFA

Coupon-mad

Other 'get outs' are available to both keeper and driver, of course. 
Either of you can appeal/defend this.

goodneighbour

Thank you that is useful. My partner is not a native english speaker so I would be helping with appeals anyway.

We have the copies of emails from the Management Agent (the daughter of the Owner) saying that she WILL cancel the ticket. But she hasn't and there is no explanation for this apart from my speculation that she is willing to do it for my partner but not for me!

I've just spent the last hour reading about PCNs in leasehold spaces. This one is complicated as the lease is with a resident of Lamorna Cove who pays for his space and is permitted to have anyone park there with permission. On that day he was present and gave permission. But I haven't got access to the lease and I think some residents are unwilling to make trouble with the MA or the owner.

I see that I could send a Section 10 notice on the basis that my data has been obtained under false pretences due to my vehicle being parked legally in a leased space.  Not sure if this would go to the PPC and the Agent or both?

Also this might be a good reason to keep the PCN in my name as I am the one who has had data retrieved from DVLA.

Coupon-mad

AFAIK there is such thing as a Section 10 notice these days.  Think you've read pre-GDPR 2018 threads about that.
For these two reasons I would NOT name the driver:

We have the copies of emails from the Management Agent (the daughter of the Owner) saying that she WILL cancel the ticket. But she hasn't and there is no explanation for this apart from my speculation that she is willing to do it for my partner but not for me!

Also this might be a good reason to keep the PCN in my name as I am the one who has had data retrieved from DVLA.

If you have not shown them the actual emails yet, send PP a reply attaching the emails from the Management Agent (the daughter of the Owner) saying that she WILL cancel the ticket, and tell them the driver will not be identified.

goodneighbour

I have looked at the 'evidence' they have which is only the entry and exit from the car park.

Last time this happened I sent in a request for all data they held on me - Sar request - and eventually it arrived but it had only the same photos. Nothing more to show where the vehicle was or wasn't parked. The Agent is saying she has watched video showing my vehicle parked badly and in the wrong place and she only grudgingly said she would cancel. If there is video should they not send it as part of the SAR request?

(I haven't done a SAR request this time as it was a waste of time before but I could call their bluff re video if that seems a good idea)

goodneighbour

Yes Coupon-Mad you are right - sorry for that!  Pre GDPR. 

So my question about SAR ( I hope I got that right but I think it's called that) is more important. Should it include video evidence if there is some of my vehicle?  I am quite happy to do another of these.

And yes, I will write back with copies of emails and not name the driver. I feel a fighting spirit coming on - very fed up of this bullying.