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Initial Parking Fistral

Hello all.

 

Driver received a heads up from the registered keeper, that he received a NTK from Initial Parking (Fistral Beach). The driver has burrowed his car for a few weeks.

 

NTK received

Date of Contravention: 11 May 2020

Date of Notice: 18 May 2020.

 

He has transferred liability to me.  I then receive a Notice to Hirer.

 

Notice to Hirer

Date of Contravention: 11 May 2020

Date of Notice:  5 June 2020

 

The PCN was for 26 minutes.  The driver entered to look at the waves and planned to leave straight way. However, we had to stop because my children were in hysterics, due to soiled nappies.

 

I immediately responded with the Blue “one size fits all” First appeal on the 11/06/20.

 

On the 12/06/20, I received from Initial Parking a rejection letter. Along with a POPLA Verification Number.  The same day, the driver has sent a letter to the landowner Jon Briant.

 

Am I going about this the right way?

I am not paying £60 for 26 minutes!


«1

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 12 June 2020 at 4:20PM
    Depends what you expect , I do not believe there is any free period there , not for looking at the waves or sightseeing , if you stay , you pay , so the driver has either defrauded the landowner , or Initial , or both

    It's a pay and display car park and at the moment I see no grounds for you to win , but you can try a popla appeal based on the usual appeal points such as no landowner authority , poor signage etc

    The point of an appeal is to win on a legal technicality , it's not a foregone conclusion and if the driver is found to be in the wrong then the claimant may well win at popla

    Initial then have 6 years to issue a court case against the driver, a loss in court would cost about £200

    I am failing to see how a non paying driver can win in this case , but happy to be proved wrong
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 12 June 2020 at 4:27PM
    I am not paying £60 for 26 minutes!

    Given that you have bilked, a judge might decide that you should.  However, if you want to fight the charge, please read the newbies at the top of the index page.  .
    You never know how far you can go until you go too far.
  • Fruitcake
    Fruitcake Posts: 59,528 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 June 2020 at 5:14PM
    You should have appealed the NTH using the relevant hirer/lessee template appeal written by edna basher from the NEWBIES.

    Never mind, you can now appeal the NTH using all the relevant template points from the third post of the NEWBIES, including non PoFA compliant NTH if the PPC have failed to comply with the strict requirements of paras 13 and 14 of the PoFA. 

    Include all the relevant points and post your draft here for checking before you submit it.

    Have a look at this Fistral Beach thread that includes information in my post on 27/8/19 at 7.55 about the parking contract.

    https://forums.moneysavingexpert.com/discussion/6027099/fistral-beach-newquay-inital-parking-please-help/p1
    I married my cousin. I had to...
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  • Coupon-mad
    Coupon-mad Posts: 159,251 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You just need to copy any other notice to hirer POPLA appeal.  Search the forum!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • MistyZ
    MistyZ Posts: 1,820 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Absolutely proceed with the specific hire car approach.   It's a formula that works at POPLA .... 9 times out of 10?  Maybe even more.  Read other hire car threads and the relevant sections of the Protection of Freedoms Act until you fully understand the rationale behind this approach.  
  • Coupon-mad
    Coupon-mad Posts: 159,251 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Shoud be 100% slam dunk win if the OP was identified as the hirer, by borrowing a car for a few weeks.  DON'T show any hire agreement in the POPLA appeal (yeah, we know, there isn't one!) but DO describe it that you hired the car and were the day to day keeper, but that ore than one person on the household is insured and the driver has never been identified.  Thus, the POFA section about Notice to Hirers applies.

    I hope the keeper didn't transfer liabiility by telling them 'the driver was'?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • tkake
    tkake Posts: 6 Forumite
    Third Anniversary First Post
    Good Morning all.
    Is their another way of posting my POPLA for review? I've tried multiple times now and it just keeps saying that i have too many characters?
  • Umkomaas
    Umkomaas Posts: 44,210 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Split it over a number of separate posts. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Send it by post.
    You never know how far you can go until you go too far.
  • Le_Kirk
    Le_Kirk Posts: 25,892 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 14 June 2020 at 9:04AM
    tkake said:
    Good Morning all.
    Is their another way of posting my POPLA for review? I've tried multiple times now and it just keeps saying that i have too many characters?
    Do you mean on the forum or on the POPLA web site?  If on here, follow @Umkomaas advice.
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