PCN and not displayed parking ticket

PolishPrincess99

Hi all.
First of all I wanted to confirm I have read the NEWBIES threads and have read up on a few threads regarding the PCNs and that we should follow the one fits all blue template, fine. The keeper is  about to submit a claim however wanted to just clarify the below, to see if perhaps They could just contact the premises first to see if they could just get this ticket thrown out by the landowner, instead of sending emails back and forth with Britannia Parking. The situation is as follows:

The person driving offered to be a beauty model for training purposes for their friend. They arrived and parked at a Britannia Parking carpark which was run by automated barriers. They did not purchase a ticket as was in a hurry. Upon leaving the premises They informed the training instructor that They did not buy a ticket and she informed them to speak to the building receptionist. They did, and the building receptionist said, They quote '' Just buy a ticket now you should be ok ''. The driver paid for the ticket upon leaving the building (which They still have a copy of) and left the carpark. 

2 weeks after the keeper received the standard PCN letter fro Britannia Parking, exactly same format as everybody else on here, now followed with the FINAL REMINDER letter as They simply ignored the initial letter. They were always told to ignore private parking fines if They were to ever receive one. However they only just noticed, that on the ticket The driver paid for it says ' Display Clearly on the dashbord '', but the PCN letter has pictures of my vehicle entering and leaving the carpark, instead of a 'windscreen ticket'. Not sure if this changes anything but They thought it was worth pointing out. 

Many thanks for any assistance on this 

Umkomaas

You only have 28 days from the date on the NtK to submit your initial appeal (which will be rejected, but you get a POPLA code with the rejection letter). If you've missed that, then it's likely debt collector pursuit followed, potentially, by a court claim. 

If you're still within the 28 day limit, get your blue text appeal off right away, then get on with your landowner complaint. The landowner complaint is the best way to get this cancelled. Looking at the reasons for not purchasing a ticket on entry won't get much sympathy from POPLA. But there may be technical and/or legal reasons to gain a POPLA win. All now depends on that 28 day window. 

PolishPrincess99

Thanks very much - The notice is still within the 28 day window. 

the driver  Doesnt believe they had an actual person inspect the cars for tickets, only the system which checked that They did not purchase a ticket within the time frames of their stay (on entry ) , but if they looked at the machine data they would of seen They did actually buy the ticket at the end of their stay.  The NtK says the reason for the fine is '' Failed to validate stay or make a valid payment..' Could argue the wording...as The driver pay so did actually validate their stay. 

The keeper will send  blue text appeal right away and will appeal through the link provided on NtK, to the Britannia Parking website. They Will also contact the landowner now. 

Thanks again 

Coupon-mad

You will lose at POPLA and will be sued, but are likely to win in court in the end.  Just so you know!  Not scary and no CCJ risk but that's how I see this panning out.

This is why we suggest a complaint to the landowner before appeal, as the NEWBIES thread tells you.

PolishPrincess99

Thanks Coupon-Mad! The keeper will try the landowner first as since the last post We have actually discovered that The driver was exempt from the parking charge they were part of a training course . This is stated by the premises website . However no one informed then on the day that They had to first validate the vehicle. So worth a try complaining to the landowner / building manager first ! 

PolishPrincess99

Just to clarify -  an appeal has already been submitted As advised by Umkomass to qualify for the 28 day period . Im assuming this will most probably be rejected which Is expected.  so will There still be an option to then make the payment once the appeal has been rejected and the complain to the owner has not been successful ? 

60 isnt a big deal , But the keeper don’t have time to go through the a court and don’t want to if this can be avoid . however wanted to give this a go as wad annoyed that the driver was told a misleading information on the day by the building receptionist who reassured then They would be okay purchasing a ticket on departure . 

Fruitcake

The advice to ignore a PCN has not been given here since the law changed in 2012. If anyone has told you to ignore since that date you should ask them to contribute to any costs if you lose.

If you have not yet appealed, then edit your post to remove information about who did what in all your posts. Only ever refer to The Driver and The Keeper who are two different people as far as the law is concerned. Do this now before you do anything else.

Send the appeal, even if it is late, as per the sticky thread for NEWBIES that you say you have read, but have not followed the advice to keep the driver's identity a secret.
Use the template unaltered, from The Keeper.

What happened when you complained to the landowner? The NEWBIES tells you to do this first, so why are you asking if you should do it? 

Have you complained to your MP yet about this unregulated scam?

MistyZ

PolishPrincess99 said:
 I will try the landowner first as since my post I have actually discovered that I was actually exempt from the parking charge as I was part of a training course . This is stated by the premises website . However no one informed me on the day that I had to first validate my vehicle. So worth a try complaining to the landowner / building manager first ! 

It's worth more than a try!  Be totally determined.  Much as you may feel you can afford this, it should not have happened!  

PolishPrincess99

Fruitcake said:

The advice to ignore a PCN has not been given here since the law changed in 2012. If anyone has told you to ignore since that date you should ask them to contribute to any costs if you lose.

If you have not yet appealed, then edit your post to remove information about who did what in all your posts. Only ever refer to The Driver and The Keeper who are two different people as far as the law is concerned. Do this now before you do anything else.

Send the appeal, even if it is late, as per the sticky thread for NEWBIES that you say you have read, but have not followed the advice to keep the driver's identity a secret.
Use the template unaltered, from The Keeper.

What happened when you complained to the landowner? The NEWBIES tells you to do this first, so why are you asking if you should do it? 

Have you complained to your MP yet about this unregulated scam?

 Thanks Fruitcake 

The posts have been edited to clearly distinguish between the keeper and the driver , as two separate individuals . I hope it all looks ok now . I confirm The Blue template has been sent completely unaltered . 

A complain to the landowner has not yet been sent as it is only today that the keeper is researching into how to go about this issue , having ignored the initial letter , therefore they have now appealed to qualify for the 28 day period , and the complain to the landowner will follow shortly 

Redx

this is nothing to do with any owner , even if its TOYOTA FINANCE

the difference is in just 2 words , KEEPER and DRIVER

the driver is always liable to be sued for the money (but might win the case)

the KEEPER is the person who received the first letter , the NTK, notice the K in that acronym , its a postal Notice to The Keeper , or NTK for short , no postal letters go to a driver unless the driver has been named and shamed by the keeper

all complaints and appeals are handled by the keeper (keep the owner and the driver out of it , assume they are 3 different entities)

get the gist of what we are saying

the driver may not have registered the vehicle in the premises on the day

the KEEPER is complaining to try and get it cancelled because the driver had permission to park

the KEEPER has appealed to the PPC as KEEPER using the BLUE TEXT TEMPLATE

PolishPrincess99

Thanks Redx , the wording has already been amended in the above posts to ensure driver  of the vehicle can not be identified. The PCN appeal has been sent to Britannia Parking by the KEEPER, as per the blue template provided