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Can anyone answer my question please

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  • So looking at POFA - what does the transcript mean below please. I interpret this as they have to issue the ticket to person or put it on windscreen? I ask because this was not done??

    The notice must be given—

    (a)before the vehicle is removed from the relevant land after the end of the period of parking to which the notice relates, and

    (b)while the vehicle is stationary,

    by affixing it to the vehicle or by handing it to a person appearing to be in charge of the vehicle.

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 1 August 2020 at 10:31AM
    Some parts of POFA only apply in certain cases , such as where a company decides to use old school methods of on site ticketing , meaning a windscreen ticket

    But nowadays most companies use anpr to monitor time on site , hence no windscreen tickets , no CEO parking wardens

    Your SAR obtained copies of all paperwork , so if a windscreen ticket had been issued to the driver on the day , an NTK would have followed to the keeper between 29 and 56 days later , meaning 2 PCN,s to 2 different entities, for each contravention and all of them would be in your SAR reply

    In your case it appears that anpr monitoring occurred , meaning only one NTK was issued to the keeper by post , to the registered address obtained from the DVLA , preferably within 14 days

    Not everything in POFA applies to you , so only read relevant sections , bearing in mind that POFA is not mandatory anyway
  • @Redx
    So having read a lot more today. If I have sent an email to ZZPS stating I thought I had paid giving screenshots of the pay by phone receipts (at that point not realising I had used the wrong car park code) - have I not admitted being the driver? (Obviously I stopped communicating with them).
    Also, looking through my emails I received a response from Bank about thinking I had paid and they replied:

    This car park does accept the application as it is a nationwide app used by many parking companies and council however you have to pick the correct site code all our site codes begin with the number 8. You have paid the council and never paid to park in our car park on these occasions. As such the PCN’s were all issued correctly. Due to the timescale we are unfortunately unable to accept an appeal and the PCN’s are held with collections.

    Obviously this does not show up when searching on the app, it only comes up with Cavendish street Code 2344 but underneath states Sheffield city council - on street.  I think my only defence is they have not made it transparent that you can pay by the app and give the right code.  The signage does not state any of this, hence the confusion and they also have a large sign saying Cavendish Street car park - which is why on the app I assumed this was the right one.


  • Redx
    Redx Posts: 38,084 Forumite
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    edited 1 August 2020 at 1:03PM
    Yes it appears you have told them who was driving , in which case POFA is irrelevant

    Most cases pivot on no landowner authority and on poor and inadequate signage , so yours is no different and probably hinges on those legal points , plus the CRA 2015 too
  • Le_Kirk
    Le_Kirk Posts: 24,592 Forumite
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    If the signage was adequate it would have been clear and obvious which car park you were in and who you should be paying.  Good defence points IMHO.  Have you tried contacting the council  and asking for your money back from the car park you erroneously paid so you can pay the correct PPC?
  • Coupon-mad
    Coupon-mad Posts: 152,068 Forumite
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    edited 1 August 2020 at 2:37PM
    If I have sent an email to ZZPS stating I thought I had paid giving screenshots of the pay by phone receipts (at that point not realising I had used the wrong car park code) - have I not admitted being the driver?
    Yes.

    Their sign doesn't give a location code, does it? 
    They can't tell you afterwards (now) that it started with 8!

    Secondly, if you paid by HOZAH, the sign offers it with the caveats:

    'no cash / no apps / no fines'
    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
  • Le_Kirk said:
    If the signage was adequate it would have been clear and obvious which car park you were in and who you should be paying.  Good defence points IMHO.  Have you tried contacting the council  and asking for your money back from the car park you erroneously paid so you can pay the correct PPC?
    No, I haven't . 
  • If I have sent an email to ZZPS stating I thought I had paid giving screenshots of the pay by phone receipts (at that point not realising I had used the wrong car park code) - have I not admitted being the driver?
    Yes.

    Their sign doesn't give a location code, does it? 
    They can't tell you afterwards (now) that it started with 8!

    Secondly, if you paid by HOZAH, the sign offers it with the caveats:

    'no cash / no apps / no fines'
    I used to pay with Hozah but it was more expensive than the app. They used to display the pay by phone option and code before Hozah payment method took over, then it disappeared. 
  • Coupon-mad
    Coupon-mad Posts: 152,068 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 August 2020 at 7:00PM
    So (when you get a claim and are later at witness statement stage - months down the line) say all of that, i.e.

    at the time of making payment the Claimants had inexplicably removed the location code from their sign, so that drivers had no code to search for, as used to be displayed.  And the words they replaced the location code with, promised 'no cash / no apps / no fines' as per exhibit xx.
    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
  • 1505grandad
    1505grandad Posts: 3,796 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Just checking  -  is the sign posted above (where did it come from?) the actual one in place at the time of the parking event?. That sign and the Hozah website seems to say that the anpr knows which cp you are entering/ exiting and charges accordingly.

    Is it possible that this is a new system and a different sign was in place when OP's parking took place?
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