Fistral Beach Initial Parking PCN

morris20

Redx said:

It should do for you , then you can download and read the BPA CoP 2020 edition , checking the section on major keying errors and using that to reduce it down to £20 , then pay it

He can ignore the debt collectors , they are powerless

nothing is accruing , the charge remains at £100 , it does not increase , at all

Ok great, so to confirm: 1. transfer liability to me, will reset appeal clock. 2. appeal under major keying errors BPA CoP, which I've just read and should indeed cover entering wrong reg number. 3. pay reduced £20 fine
thank you all for your help!

Redx

Correct , providing a new PCN arrives in your name !! To your address !!

The charge is currently £100

Your PCN will reduce it down to £60 for a short time

You appeal by fessing up to the keying error and give the VRM and any payment reference and total paid on the day , to prove the keying error

They should then offer payment of £20 or go to Popla

Pay the £20 and be more careful in future

Umkomaas

On a very thin ice basis, the NtK fails to specify the vehicle (para 9(2)(a)) - most NtKs provide the make, model and colour, this would, in theory, provide your brother the opportunity to deal with it as the keeper, but it would need a Judge (as all his appeal options are now gone) to nit-pick his way through the Act. Good chances are that the NtK would be deemed sufficiently compliant. 

So we're down to the transfer of liability and the £20 major keying error. But don't expect Initial Parking to immediately roll over and issue a NtD to you.  At the moment they'll feel they're halfway to getting their hands on your brother's cash. It may take some wrangling, possibly even involving making a complaint to the BPA to get their intervention (sometimes that can result in a complete cancellation - the very best outcome).

So, lots to do, and needs to be set in train. Don't let debt collector letters concern either of you, nor let them interfere in what you need to do. Debt collectors can add any amount they like and make increasing threats in their letters, unless you're daft enough to pay them, they won't get any of it.

Cost of my advice so far - £200, reduced to £120 if paid within 7 days, failure to pay by 2/11/20 will result in the sum rising to £300 ..... and the skinning of your cat. Get it?

Le_Kirk

morris20 said:

Le_Kirk said:

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.

I can't see any way to edit my post, and another forum post says that you need to have a minimum number of posts/days as a member to edit? I wrote it in as best way as I could to protect identity, however as soon as I am allowed to edit I will do so.

You will have to ask a board guide (by sending a PM to either Savvy, Soolin or Crabman and asking one of them to edit the post), however, since the NTK appears to be POFA compliant, as now advised by others you can let it stay.

D_P_Dance

Is your brother serving overseas?

morris20

Redx and Umkomaas, thank you so much. will get the ball rolling with transfer of liability today.

morris20

D_P_Dance said:

Is your brother serving overseas?

Not currently, he's training in the UK which means he isn't often home, hence the unopened post!

Umkomaas

morris20 said:

Redx and Umkomaas, thank you so much. will get the ball rolling with transfer of liability today.

Remember, your brother must sign it - no 'signing on behalf of'. 

Redx

morris20 said:

D_P_Dance said:

Is your brother serving overseas?

Not currently, he's training in the UK which means he isn't often home, hence the unopened post!

This unopened post idea could go badly wrong if he gets any council car park PCN,s , or speeding tickets etc , any official documents in the post that go unopened could potentially be disastrous for him going forward , much worse than this one

morris20

Lesson duly learnt Redx, anything marked from the bank/official/urgent is opened, however this was unmarked and so slipped under the radar, will be more careful in the future though.