PCN received after friend parked car in my private parking space

NeilCr

beamerguy said:

Vermicious_Knad said:

beamerguy said:

Surely in view of the buck passing going on it is time to say to someone, you want them as your witness in court to explain themselves and be bound by the truth

If the residents wont even muster the resolve to write a collective complaint i cant see any of them turning up in court! 🙄

If they are summoned to appear, they must or face a penalty from the court

Only if the judge considers it appropriate which they may not 

https://www.smallclaimscourtgenie.co.uk/faq/

And you have to pay their fares, compensation for attending. Plus a fee

"If your witness doesn’t want to attend

You can issue a witness summons by completing Form N20 which is available free from any court office. You must issue a witness summons at least 7 days before the date of the hearing. It must reach the witness (be ‘served’) at least 4 days before the hearing. A fee is payable. Court staff will be able to tell you how much this is.

When you issue a witness summons you will have to pay the witness’s expenses in travelling to and from the court and compensation for loss of time in attending court"

I am really not sure dragging reluctant witnesses to court in a case like this is such a great idea, anyway. I know how I'd feel if I didn't want to go and OP decided to compel me

Vermicious_Knad

beamerguy said

If they are summoned to appear, they must or face a penalty from the court

Yes i agree, not an avenue i feel i would want to go down. To be fair despite the likelihood the ma, landowner, manco, whoever are all complicit with this may not matter when cases have already been won on the tenancy/lease trumps signage basis. 

Vermicious_Knad

I will just follow the advice and guidance in the newbies post, will be difficult to follow the timeline for 5 PCNs and 5 court cases though 🤣
Will let you know how it develops. 

Vermicious_Knad

After attempting to complain and reason with a MA who clearly supports the PPC in question, refuses to give either myself or the leaseholder a copy of the parking contract because of a "confidentiality" clause (they are likely paid a percentage of ticketing revenue or similar dodgy agreement) I have sent a strong letter to the landowner. A few days later I receive a letter from the MA asking if they can release any communication between us in an attempt to show they have tried to resolve the situation.
At least i know it has got the landowners attention. 
Currently in the process of appealing online for the PCNs that are at the right "stage" and expect them to reject as normal.

I have a question about one of the PCNs which was a postal PCN (other 5 were windscreen). The time and date of the "alleged" incident do not match the issued date on the PPCs online payment screen. Is this something that can be deemed not compliant with  POFA Schedule 4?

Umkomaas

I have a question about one of the PCNs which was a postal PCN (other 5 were windscreen). The time and date of the "alleged" incident do not match the issued date on the PPCs online payment screen. Is this something that can be deemed not compliant with  POFA Schedule 4? 

Could you give us specifics please?  Dates between the day following the parking event and the date the NtK is 'given' are critical to keeper liability. But what's showing on their online payment screen will have no bearing on PoFA/keeper liability. 

Are the dates shown on the NtK (postal notification) correct?  This is much more important. 

Possibly at court stage the date discrepancy might be usable to persuade a judge that the claimant's case might be unreliable, but it's not a strong suit. Nevertheless, get some screen shots of the date on the payment screen and keep it up your sleeve for later. 

Vermicious_Knad

Thanks, 
There were 4 days between the alleged parking event and the postal PCN. Surely not enough time for them to get my details from DVLA again meaning they have relied upon previous details obtained? 
Already screenshot the details on the payment screen you mentioned in an ever growing evidence pile!

Umkomaas

Vermicious_Knad said:

Thanks, 
There were 4 days between the alleged parking event and the postal PCN. Surely not enough time for them to get my details from DVLA again meaning they have relied upon previous details obtained? 
Already screenshot the details on the payment screen you mentioned in an ever growing evidence pile!

They have electronic access to the DVLA database so getting your details can be done in nano seconds. But if you want to be sure that they have accessed your data separately for each PCN, you can get confirmation from the DVLA. On any occasion they fail to access via the DVLA, PoFA prevents them holding the keeper liable. There may be DPA/GDPR issues about them holding on to your data for their purposes beyond the individual PCN for which the DVLA supplied the data (but I'm not a DPA expert - check your facts first with DVLA, then come back if there are issues, then others will advise). 

Here is the process to adopt in seeking DVLA confirmation of who accessed your data, and when:

You should email the DVLA and ask which organisations (when and for what reason) accessed the registered keeper's data from them between a range of dates which includes the date(s) of the parking incident(s). You need to provide the registered keeper's full name and address, the address on the V5C logbook and the Vehicle Registration Mark of the vehicle involved in the parking incident. 

SubjectAccess.Requests@dvla.gov.uk

This service is free of charge. 

Even though you email your request, the DVLA will respond via Royal Mail.

NeilCr

Who is the landowner?

Have you confirmed it's a ManCo?

Vermicious_Knad

Thanks @Umkomaas that really helps i thought i was going to have to dig for that 🙏

NeilCr said:

Who is the landowner?

Have you confirmed it's a ManCo?

Yes, it's a manco, resident directors are very elusive, MA refuses to name them simply saying they agree to keep the scam PPC in place. As a tenant allegedly I am not entitled to contact them directly and have to go through the MA.
Its pretty much past that point anyway now, more of a prepare for court thing. 
Be interested to know if I have to go to court 6 times or if they would consider rolling it all into one. 
Thats said these scum will leave more PCNs by then anyway! 

D_P_Dance

 MA refuses to name them

If the MC is a limited company full details are available on the Companies House Website.  If you are a shareholder in the company you should know this anyway.  If you are a tenant ask your landlord. .