Private parking unfair ticket

iloszka

Hello guys, is there anybody to help me with below situation?

The driver parked on private parking for few minutes and bought a ticket for one hour by cash (unfortunately it was 2 months ago and the ticket was disposed long time ago) but because it was cash only and the driver had in coins amount allowing to buy only 1 hour ticket, after leaving this parking the driver found next to this one other parking that you can pay by a card and also by an app and left the previous Private Parking. It was companies car, so it is not known if they didn't receive anything before or didn't forward it to the driver... but after 2 months Company sent email to the driver that they got a REMINDER letter of Parking Charge Notice (so also it left no time to appeal during 21 days as it was 2 moths ago.) The fine is £... for "Failure to purchase a period of parking after being on site greater than 10 minutes" - which is not true as the ticket was bought for 1 hour. In the pay machine the driver put in plate numbers instead of "1" - "I" (as the driver is from other country and was not familiar of format of UK plates - two letters then two numbers - and this number 1 looked nothing like number, but like letter I. First question - does this machine register time of buying and plate numbers put in the machine during buying the ticket?

Also if they had in use CCTV as it says in the letter ("CCTV footage may have been obtained to detect any breaches of the site terms and conditions."), directed to the pay machine, it could be proven that the driver paid for this parking, right? Do you have any advice how it can be solved without going to the court, but online through some institution, as the driver is in abroad and probably not coming back to UK?

Coupon-mad

As you are in Poland, the important thing is that the company needs to name you as the driver and give your name and address in Poland, to the parking firm, by filling in the transfer of liability slip urgently.  That transfers the PCN to you and away from them.

Then as you are in Poland, DO ACKNOWLEDGE the PCN and appeal it as well, admitting to driving but saying you paid and displayed but that there seems to have been a simple keying error (1 instead of I) and you know that their Trade Body requires such PCNs to be cancelled under the 'minor keying error' rules.  But that if they refuse, you are in Poland and this is your permanent domicile so you are out of jurisdiction and they cannot revert to the company because they know who was driving and your address - i.e. the transfer of liability step has been properly completed.

And to anyone else reading this - yes I DID mean to say 'name him as driver'!  To hook it to him.

iloszka

Thank you for your answer!
I sent this information to my company but:
1) where can the Company find this transfer of liability slip? Don't know if they received previously something like "Notice to Keeper" which at this point would allow to appeal and them to transfer the liability, but if they did they certainly didn't forward it to me, which puts me right now in hard position as 21 days passed. So also isn't too late to give my details as a driver?
2) If I received PCN in my foreign address - does it give me then again new 21 days so I can do this appeal in the given frame time or how do I appeal then? I would like to do it of course online or by email so I don't incur additional costs for sending the letter to the other country (UK).
3) Also in this letter in the section of Appeals it says "At the time that the charge was incurred, a Notice to Keeper was sent through the post. This offered the driver the ability to appeal within 21 days from its imposition. You also as the registered keeper or the driver of the vehicle had the right to appeal within the 21 day period from the point of issue of the Notice to Keeper. This opportunity has now lapsed and we regret the ability to appeal against this charge is no longer available. If you consider there to be exceptional circumstances as to why you should be allowed to appeal outside of this period then you should send your reasons to us, in writing."

Coupon-mad

It is never too late to give driver details (before court action) and if your company don't have the PCN/NTK any more with the slip on the back, and the reminder doesn't have a slip on it either, obviously they simply write a letter.   This is normal for a Fleet Department and they should have done that.

You simply appeal online once you know the company has named you and given your address, you appeal confirming what I said.  I am not telling you that any appeal will work and that is NOT the point of you appealing!  It is merely to confirm that you were the driver and you live in Poland again now.

YOU CANNOT JUST APPEAL WITHOUT THE COMPANY TELLING THE PPC YOU WERE DRIVING.  

IF YOU DO THAT THEN THE PPC WILL IGNORE YOU.

Redx

Which parking company ?

iloszka

The Parking Company was "I PARK SERVICES LTD".
Company said that as this was a reminder linked to photographic evidence, they paid the fine to ensure they didn't receive any further action.... But they said to challenge the fine anyway. Can they still tell the PPC who was a driver even if they paid the fine?

nosferatu1001

Well they cannot say who drove the car. They werent there. All they can do is say who was assigned teh car. Nothing mroe.
Theyc an do so, but the PPC doesnt have to give two hoots. The CHARGE is paid, so all they care about has happened. 

Coupon-mad

If they've paid it then that's their problem - how stupid of them.

You can't appeal this now.