PCN and not displayed parking ticket

PolishPrincess99

Sorry Redx I just realised the word owner has been used . Sorry it was meant to say keeper . Edited now and apologies for the confusion 

Redx

it also says the driver received a letter , I very much doubt that

any letter arrived with the Keeper after BRIT obtained RK details from the DVLA using their KADOE electronic link

PolishPrincess99

Are you referring to my initial post ? If so this says the keeper received the letters from
Britannia Parking not the driver 

Redx

no , but the subsequent posts have now been altered so the errors have been put right now and the correct people are now identified as keeper or as driver, but the correct wordings have now been used

PolishPrincess99

Thanks very much Redx! Slowly getting the hang of this . Will keep this thread updated. Would it be a good idea for the keeper to send a draft email on here to be reviewed before it is sent to the landowner / building manager? Would anyone be willing to kindly review it , or has any previous experience / tips , in case any “ silly “ mistakes have been made i.e in relation to the wording etc? Of course the same wording will be used to distinguish between the  driver and the keeper as two separate people .  Could anyone also kindly advise on how the email should “ come across” ? 

Redx

yes , post the draft on here for critique

polite but firm , insisting the pcn is cancelled and state why the driver was there but no saying who was driving

add the pcn ref , the VRM details and the name , address and email of the keeper who received the pcn , ideally attach a copy of the pcn, both sides

Le_Kirk

PolishPrincess99 said:

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 them they would be okay purchasing a ticket on departure . 

Now THAT is promissory estoppel and can be used in the defence.  You might like to say in your letter to the landowner that you will be calling the receptionist as a witness if this goes to court.

PolishPrincess99

Morning Redx 

I have written the below draft to send to the building manager / landlowner to have this thrown out . This is the first time I’m having to write anything of this nature so would really appreciate your feedback . I have removed any personal data as well as dates and information relating to the alleged “ contravention”. 

Dear Sirs 

 

PCN Number: XXXXXX
Vehicle Reg Number: XXXXXX
Name and Address of the Vehicle Keeper: XXXXXXXX

 

I am writing to you as the Registered Keeper of the above mentioned vehicle who has received a Penalty Charge Notice from Britannia Parking serving them a fine of £100 for using your car park for which, allegedly, they driver has not validated their stay for. 

 

The driver of the vehicle was a part of a training course run by the XXXXXXXX which took place on XXXXXXX at XXXXXX

 

According to the official statement on your website, made and signed by your Head of Education Traded Services, Shola Omogbehin, the driver should have been informed by your staff that as they were part of a training course at the premises that day, they were exempt from the parking charges. For ease of reference , the statement reads as follows: 

 

‘’ Please be advised that from 1st September 2019, ANPR car parking controls and charges have been introduced at XXXX where our XXX is situated.

As a delegate/visitor registered to attend any of our training courses, meetings or other events held in training rooms 233, 234, 235 or at any other location within the XXXXX, we have made arrangements to ensure you don’t have to pay the standard £1 daily parking charge at XXXX. There are now tablet-sized terminals installed in all three rooms and all you have to do on arrival at  XXXX, is enter your vehicle registration details using the terminals provided. You can locate these terminals to your left-hand side as you enter each room. We have inspected and tested the terminals and can confirm that they’re quick and easy to use.   

To be covered by this exemption from parking charges and to avoid being served a £100 penalty notice by the parking operator, it is the responsibility of every registered delegate/visitor to ensure that you enter your vehicle registration details using the terminals provided.   ‘’

 

At no point during the day was the driver informed that the vehicle registration details had to be entered into the above mentioned system to ensure they were exempt from the charges.  Nor was this displayed at any of the car park signs or signs around the premises that the driver would of walked past. The driver was only told towards the end of the day, by one of your training instructors that if they have parked at the premises and have not purchased a ticket, they should, I quote  ‘’ speak to the reception and they will sort this out for them ‘’. This was at the end of the day, when the course had finished. When the driver spoke to the main reception downstairs, they were told, I quote ‘’ Just purchase the parking ticket now, you will be okay’’. The driver purchased a ticket, which I attach for your reference as a proof that the stay was validated as per the instructions received from your staff , considering the driver was not required to do so as they were already exempt from the charges. 

 

In the light of the above, I insist that the above mentioned charge is cancelled or that you contact Britannia Parking and arrange for this absurd charge to be cancelled which resulted at no fault of the driver, or the keeper or please forward this to the relevant landowner/ party  so that this can be dealt with as soon as possible. Please acknowledge the receipt of this email and confirm this is being dealt with.

 

Kind Regards

 

The Registered Keeper of the Vehicle
Name: XXXXXXXX

PolishPrincess99

Le_Kirk said:

PolishPrincess99 said:

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 them they would be okay purchasing a ticket on departure . 

Now THAT is promissory estoppel and can be used in the defence.  You might like to say in your letter to the landowner that you will be calling the receptionist as a witness if this goes to court.

 Thanks Le Kirk !! This will definitely be added to the complain email to the landowner . They should also have CCTV around the reception area which will show the conversation

PolishPrincess99

Not sure if this changes anything , but I have done further digging and the building website also states the following:  

“ Any guests leaving the site without having pre-paid online or on the day with the promo code who then do not make payment upon exit , would be liable to receive a PCN” 

Payment was made upon exit , is this a good enough ground itself , to have this thrown out ?