Fistral Beach Initial Parking PCN

morris20

Good morning all, 
I've had a good read through everything I could find on this topic, and don't think my situation has happened before, so I'm after some advice. I'm glad I found this before I did anything about it as I would probably have made all the mistakes that have been advised against!

I (the driver) used my brother's (the keeper) car to drive to Fistral in September, parked up and my friend used the app to pay. Had a good day at the beach, went home, all good. My brother is in the military, and just got home this weekend to open his post and find a PCN - NTK and then a debt collection letter for that day at Fistral. I got in touch with my friend who checked her app, and realised she had accidentally paid for a different car she had on the app, and not the car we used.

Because he was away, he opened the letters too late to appeal to Initial Parking, hence the debt collection letter now as well. What can I do in this situation? I can't find a number anywhere for Initial Parking to call them and try to appeal, and they probably won't give a damn about it anyway. We paid for a parking space, and they can prove by ANPR that the car she paid for wasn't in the car park, but I would take blame and the cheaper fine if they allowed us to appeal, taking into account that we didn't receive the letters because the keeper was deployed with the military.

Any advice would be greatly appreciated! Cheers.

D_P_Dance

There are a very large number of cases on this site, have a read.  IMO the signs are unfit for purpose.  Read this and complain  to your  MP..

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

Fruitcake

There is absolutely nothing different or unique about this situation, and it has happened hundreds of times before.

DO NOT 'PHONE ANYONE!

If the NTK was PoFA compliant then the keeper should name the driver who should then get a NTD in their own name, and can then appeal accordingly.
If the NTK was not PoFA compliant then the keeper should appeal (late) using the ready written appeal template in blue text from the NEWBIES, and add a one liner that since the NTK did not meet the requirements of the PoFA, liability cannot be transferred to the keeper therefore Initial should contact only the driver, who will not be named.

If the NTK was not PoFA compliant, then DO NOT reveal the driver's identity, not even on here.

Have a look at my post in page 5 of this thread where I have included comments about the contract, plus signs and a copy of the contract provided by a poster called kml.

https://forums.moneysavingexpert.com/discussion/6027099/fistral-beach-newquay-inital-parking-please-help/p5

Fruitcake

D_P_Dance said:

There are a very large number of cases on this site, have a read.  IMO the signs are unfit for purpose.  Read this and complain  to your  MP..

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

ER, this is Fistral Beach car park, not a hospital.

D_P_Dance

Thank you, corrected.

Umkomaas

@morris20, I'm afraid this is not yours to deal with at this stage, the PCN is addressed to your brother.  As there is more protection for him under the Protection of Freedoms Act 2012 (Schedule 4), the NtK received should be checked for compliance with the Act. If you can redact all personal information, but leave all dates showing, and upload it here (both sides), we can quickly check it before we give further advice on your/your brother's options.  To be clear, we need to see the very first letter received, not any 'Reminder' or debt collector drivel. 

morris20

Thank you Fruitcake for your advice. I am reading all of the posts on here but I find it all a bit confusing! 

There is reference to POFA in the PCN they have sent the keeper, however I am the driver, and the keeper (aforementioned military) wants me to sort it. Furthermore, the online 'appeals process' for Initial Parking isn't recognising my details, I presume as it's past the 28 days and therefore they don't want me to appeal. I've found a generic email address for Initial Parking - should I email the template to them, say anything about the reason why the PCN was received late?

Umkomaas

however I am the driver, and the keeper (aforementioned military) wants me to sort it. 

Unfortunately, military or not, your brother cannot overrule the law.

morris20

Thank you Umkomaas, I'm just sorting pictures now! No I didn't mean that he should overrule the law, but as an explanation for why the letters weren't received earlier, as it's now passed their 28 day deadline and I don't know how to contact them  

Redx

You cannot sort it if it's not in your name , which is why you were told to upload a redacted copy of the NTK PCN , to see if Initial complied with POFA , legally it is his responsibility at the moment , his problem at the moment

It may be confusing , it's a complicated legal topic , so when have you ever seen a simple one in legal cases ?

It probably didn't arrive late , but was opened late , completely different

If you did as we ask it would help clarify the situation

Do not phone any of them

Do not email them

Stop , and do what we tell you

Le_Kirk

The only way you can deal (and I would advise editing your first post to remove that error you did make advising the world who the driver was) is for your brother to nominate you as driver and send the relevant part of the form back to Initial Parking.  That is not recommended, as the keeper has more protection in law than the driver.