IAS Appeal & Driver Details

Kahlua1234

Hi, I have just signed up here and read through the stickied threads. I think this is okay to post but apologies if not.

I am currently trying to fight a PCN from National Parking Enforcement Ltd, and have had my initial appeal to them rejected. It was issued as my car battery died whilst parked, meaning that I overstayed the 1 hour time limit waiting for a breakdown vehicle. I have since learned that their signs show extra time can be bought using the Parkonomy app, however I overlooked this at the time as I was focused on getting the car sorted. I did include this detail on the appeal but as expected they pointed out the option to buy more time was available to me. The main crux of my appeal was that they failed to comply within the requirements of Schedule 4 of the Protection of Freedoms Act 2012 - my parking occured on 12/05 and their NTK was sent on 15/06 (as stated themselves on the letter). I stressed that this was the first and only correspondence I've received on this, but they are now claiming it was sent in May rather than June. They've told me my next option is to appeal to the IAS. I'm aware that most of these appeals get rejected too, so am considering my options here.

The big question I have if I do appeal is with regards to driver details. I know the advice is to never divulge these as there is no obligation to do so, however I'm wondering if my situation could be an exception. I was the driver at the time however my partner is the keeper of the vehicle. I've been dealing with all this on their behalf mostly because I was responsible for getting the ticket in the first place, but also because they are disabled and don't have the energy to handle this at all. If I admitted through the appeal process that I was the driver, would this shift responsibility on to me? Ideally I would like for any correspondence to come to me instead and me to be the one liable if it ever does end up being taken to court. On the other hand I'm worried doing this would work against us and we'd both end up being harassed anyway. Like I said, they aren't well enough to fight this and find anything involving money incredibly stressful to begin with, so just want to spare them from the process if at all possible.

Any help is greatly appreciated, thank you in advance

Coupon-mad

Just ignore them (until a court claim if they try) but complain to the retail park. 

Retailers want to look after customers whereas ex-clampers don't care about anything except money.

Umkomaas

I'd leave it in the keeper's name for now, especially if there is a PoFA failure. Send a SAR to the DPO at the PPC to obtain all copies of past correspondence, so you will know exactly what has been sent, and when. Read the NEWBIES FAQ sticky, second post, where you will find information about sending a SAR, and a link to a template for use. 

While the PCN is still in the keeper's name, you can deal with it all, but anything submitted should be in the keeper's name. Why not set up a throwaway Gmail account, which the PPC can clearly see a link to your partner's name (like 'FredaBloggs (your partner's name)1234@gmail.com), but it all comes to you for dealing with. And/or notify them that the 'address for service' (use that phrase) for future correspondence is to a different address (maybe a nearby relative, a friend or your work address), which also means your partner won't see any future correspondence - but obviously you will need to pick it all up to deal with it in a timely fashion. 

It's far too early in my view to offer the driver's head on a platter to the PPC. 

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up,

Just as the clampers were finally closed down, so hopefully will many DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Kahlua1234

Umkomaas said:

I'd leave it in the keeper's name for now, especially if there is a PoFA failure. Send a SAR to the DPO at the PPC to obtain all copies of past correspondence, so you will know exactly what has been sent, and when. Read the NEWBIES FAQ sticky, second post, where you will find information about sending a SAR, and a link to a template for use. 

While the PCN is still in the keeper's name, you can deal with it all, but anything submitted should be in the keeper's name. Why not set up a throwaway Gmail account, which the PPC can clearly see a link to your partner's name (like 'FredaBloggs (your partner's name)1234@gmail.com), but it all comes to you for dealing with. And/or notify them that the 'address for service' (use that phrase) for future correspondence is to a different address (maybe a nearby relative, a friend or your work address), which also means your partner won't see any future correspondence - but obviously you will need to pick it all up to deal with it in a timely fashion. 

It's far too early in my view to offer the driver's head on a platter to the PPC. 

Thanks for all your help. Will go down the SAR route and hopefully can fight it based on the fact we never received anything in May as they are claiming

Kahlua1234

Coupon-mad said:

Just ignore them (until a court claim if they try) but complain to the retail park. 

Retailers want to look after customers whereas ex-clampers don't care about anything except money.

Thanks for the advice. I have tried this but annoyingly the car park doesn't actually belong to any of the shops there. Seems the people that do own it are pretty much impossible to get ahold of

Umkomaas

Kahlua1234 said:

Umkomaas said:

I'd leave it in the keeper's name for now, especially if there is a PoFA failure. Send a SAR to the DPO at the PPC to obtain all copies of past correspondence, so you will know exactly what has been sent, and when. Read the NEWBIES FAQ sticky, second post, where you will find information about sending a SAR, and a link to a template for use. 

While the PCN is still in the keeper's name, you can deal with it all, but anything submitted should be in the keeper's name. Why not set up a throwaway Gmail account, which the PPC can clearly see a link to your partner's name (like 'FredaBloggs (your partner's name)1234@gmail.com), but it all comes to you for dealing with. And/or notify them that the 'address for service' (use that phrase) for future correspondence is to a different address (maybe a nearby relative, a friend or your work address), which also means your partner won't see any future correspondence - but obviously you will need to pick it all up to deal with it in a timely fashion. 

It's far too early in my view to offer the driver's head on a platter to the PPC. 

Thanks for all your help. Will go down the SAR route and hopefully can fight it based on the fact we never received anything in May as they are claiming

Make sure the SAR is sent in the keeper's name, enclosing a copy of the V5C (logbook) to confirm identity. 

Coupon-mad

Kahlua1234 said:

Coupon-mad said:

Just ignore them (until a court claim if they try) but complain to the retail park. 

Retailers want to look after customers whereas ex-clampers don't care about anything except money.

Thanks for the advice. I have tried this but annoyingly the car park doesn't actually belong to any of the shops there. Seems the people that do own it are pretty much impossible to get ahold of

Usually the Managing Agents of any retail park units are simple to Google and find, selling those units!  It the agent who signed the contract, not the owner. Often a property agent, like Savills, will cancel the same day as the email complait goes in.

Kahlua1234

Coupon-mad said:

Kahlua1234 said:

Coupon-mad said:

Just ignore them (until a court claim if they try) but complain to the retail park. 

Retailers want to look after customers whereas ex-clampers don't care about anything except money.

Thanks for the advice. I have tried this but annoyingly the car park doesn't actually belong to any of the shops there. Seems the people that do own it are pretty much impossible to get ahold of

Usually the Managing Agents of any retail park units are simple to Google and find, selling those units!  It the agent who signed the contract, not the owner. Often a property agent, like Savills, will cancel the same day as the email complait goes in.

Had a look at this earlier and it turns out the car park was recently sold off to the PPC itself, so unfortunately doesn't look like this is an option

KeithP

Are you saying that National Parking Enforcement Ltd own a car park?

Please can you tell us exactly which car park this is?

Coupon-mad

Are you sure?