Initial Parking Fine

JTL1992

Hi there,
I have had big success with this site and parking tickets in the past so wondering if anyone would be kind enough to help again.

I have recieved a parking charge notice for staying 15 minutes longer than expected in an initial parking controlled car park.

This was sent to me 19 days after the offence using a digital image.

Is there any way out of this charge do we think? 

Thank you very much for your help.

Redx

yes, it failed POFA so as keeper you have no liability, so no blabbing about who was driving

read the newbies faq sticky thread in announcements at the top of this forum

appeal to INITIAL using the blue text template, no alterations , appeal as KEEPER, do not use any box that asks you about the driver, KEEPER only

KeithP

JTL1992 said:

Is there any way out of this charge do we think? 

Yes we do.

Send the parking company the blue text template appeal easily found in the first post of the NEWBIES thread.
Send it unchanged. No need for any additions or alterations.
Send it as the keeper.

What was the exact date of the alleged parking event?
What is the issue date on the Notice to Keeper you have received through the post?

D_P_Dance

It is not a fine, it is an invoice from an ex-clamper to compensate them for the alleged harm they suffered when you did what you did. We call it a scam. Pay them not a penny unless a judge so orders it.

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, 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 later this year,

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

JTL1992

KeithP said:

JTL1992 said:

Is there any way out of this charge do we think? 

Yes we do.

Send the parking company the blue text template appeal easily found in the first post of the NEWBIES thread.
Send it unchanged. No need for any additions or alterations.
Send it as the keeper.

What was the exact date of the alleged parking event?
What is the issue date on the Notice to Keeper you have received through the post?

Exact date was start of July and received it as notice a few days back. Total of 19 days. Problem is that it was a rental car, i’ve now been charged a hefty admin fee with them too (£84 to be precise).

Fruitcake

Those aren't exact dates, and don't help us. It would have helped if you had told us it was a hire car as well because that changes everything. We need to know the date of the alleged event, the date the NTK was sent, and when you received the NTH from the PPC.

Since this is a hire car case then you need to use one of the edna basher hire/lease car appeal templates from the first post of the NEWBIES. There are three to choose from but one is for fleet managers, so the one you want will be one of the other two. Send it unaltered from the hirer/lessee.
You will also need to read the PoFA 2012, especially paragraphs 13 and 14 of Schedule 4 to determining how the PPC has failed to transfer liability to the hirer.

You also need to read the hire Ts and Cs to see what it says about charging you for dealing with a PCN. In addition, check whether they are members of the BVRLA as that trade association has told its members not to pay the charges but pass the hirer's details to the PPC. They may charge an admin fee but £84 is an excessive amount for the work involved so complaints to the hire co and BVRLA should eb made.

Also complain to the landowner as well as to your MP about this unregulated scam.

KeithP

JTL1992 said:

Exact date was start of July and received it as notice a few days back. Total of 19 days. Problem is that it was a rental car, i’ve now been charged a hefty admin fee with them too (£84 to be precise).

Oh... new information.

Please disregard my earlier suggestion.

Redx

mine too, you never mentioned that it was a hire car and not a private vehicle

more info = better advice

read the BOTTOM of the first post of the NEWBIES faq sticky thread, with the advice by edna basher and one of his templates to appeal it as day to day keeper (hirer)

again they will have failed POFA, not on timescales but not including the hire docs etc, so its still a keeper based hirer appeal, just a bit different due to it being a hire vehicle

also read all of what fruitcake mentioned above, its all relevant

if you mention anything about who was driving, you lose

JTL1992

Fruitcake said:

Those aren't exact dates, and don't help us. It would have helped if you had told us it was a hire car as well because that changes everything. We need to know the date of the alleged event, the date the NTK was sent, and when you received the NTH from the PPC.

Since this is a hire car case then you need to use one of the edna basher hire/lease car appeal templates from the first post of the NEWBIES. There are three to choose from but one is for fleet managers, so the one you want will be one of the other two. Send it unaltered from the hirer/lessee.
You will also need to read the PoFA 2012, especially paragraphs 13 and 14 of Schedule 4 to determining how the PPC has failed to transfer liability to the hirer.

You also need to read the hire Ts and Cs to see what it says about charging you for dealing with a PCN. In addition, check whether they are members of the BVRLA as that trade association has told its members not to pay the charges but pass the hirer's details to the PPC. They may charge an admin fee but £84 is an excessive amount for the work involved so complaints to the hire co and BVRLA should eb made.

Also complain to the landowner as well as to your MP about this unregulated scam.

Thanks for looking into this!
I’m not sure on what day rental company recieved the notice as no mail/letter was sent but bank statement is 21st July. Offence date is 8th July and notice date is 27th July. What are your thoughts on these dates?

Fruitcake

JTL1992 said:

Fruitcake said:

Those aren't exact dates, and don't help us. It would have helped if you had told us it was a hire car as well because that changes everything. We need to know the date of the alleged event, the date the NTK was sent, and when you received the NTH from the PPC.

Since this is a hire car case then you need to use one of the edna basher hire/lease car appeal templates from the first post of the NEWBIES. There are three to choose from but one is for fleet managers, so the one you want will be one of the other two. Send it unaltered from the hirer/lessee.
You will also need to read the PoFA 2012, especially paragraphs 13 and 14 of Schedule 4 to determining how the PPC has failed to transfer liability to the hirer.

You also need to read the hire Ts and Cs to see what it says about charging you for dealing with a PCN. In addition, check whether they are members of the BVRLA as that trade association has told its members not to pay the charges but pass the hirer's details to the PPC. They may charge an admin fee but £84 is an excessive amount for the work involved so complaints to the hire co and BVRLA should eb made.

Also complain to the landowner as well as to your MP about this unregulated scam.

Thanks for looking into this!
I’m not sure on what day rental company recieved the notice as no mail/letter was sent but bank statement is 21st July. Offence date is 8th July and notice date is 27th July. What are your thoughts on these dates?

Confusion. 

Do you mean the NTK to the registered keeper (hire co) was dated the 21st, and the NTH arrived on the 27th?

These aren't critical to your case, but understanding the timeline will help a little, especially if the NTK was sent too late to the hire co for keeper liability to apply.

More important is whether you received a PoFA compliant NTH that included the documents referred to in paragraphs 13 and 14 of the PoFA.

It's not an offence by the way. It's an alleged breach of a civil contract.

Coupon-mad

JTL1992 said:

Thanks for looking into this!
I’m not sure on what day rental company recieved the notice as no mail/letter was sent but bank statement is 21st July. Offence date is 8th July and notice date is 27th July. What are your thoughts on these dates?

None of that matters. 

Why aren't you just using one of the company/hire car appeal templates by Edna Basher, near the end of the first post of the NEWBIES thread?  This one will be easy! 

USE THE HIRE/LEASE CAR TEMPLATE.

NO LINK...YOU KNOW WHY NOT, YOU'VE BEEN HERE BEFORE!