Parking Charge for parking in own spot - notice to keeper sent to car garage

leighbex

Hi everyone, 
Before I dig deep into my PCN dilemma, I have read the Newbies thread (even won an appeal in the past, so thank you!). I know there is a lot of threads about PCN's for parking in own spot, but my circumstances are slightly different and I have found no info, so all help is really appreciated. 

The car garage I lease my car from rang me to say that a PCN had arrived to them, but it was my car and my parking spot outside my flat. I was baffled, I have been working home and was not sure why I had not had the PCN arrive at my address. They said this happens sometimes with details swapping over, but I purchased the car in March. They forwarded me a scanned version of the letter via email from UKCPS however, I have never ever received my Notice To Keeper to my address and there is no sign of one at all. 

The reason for the PCN is that my permit had slipped from the dashboard so it wasn't on full view (kicking myself for not checking), they have pics of my car and signage (they have recently stuck a new bit of info on the sign, I think it was due to the lettering being too small). I rent the property and I was parked in my designated bay when looking at other "PCN for parking in my own spot" threads, they talked about clauses in their lease. When looking at my rent contract, there is no mention of parking what so ever. 

I just want some advice on what to do before I appeal this since I do not have a physical Notice To Keeper (I can confirm I did give the car garage my details when I purchased the car, just has not swapped over for some reason). Do I appeal? Or shall I wait until a physical copy of the Notice To Keeper has turned up? 

Thanks in advance for any help. 

Redx

You won't get an ntk if it's leased , the RK receives the NTK , the entity name on the V5C

The RK then tells the PPC the lessee details , you

You then get an NTH , h for hirer , not an NTK

You then appeal that PCN , as lessee

The bottom of the first post in the newbies FAQ sticky thread explains it , especially the advice by Edna basher

Umkomaas

If you lease the car from the garage, the garage will be the registered keeper. The PCN being served on them has been done correctly. What they must do now is formally transfer that liability to you as the 'hirer/lessee'. They do that by completing the tear-off slip on the Notice to Keeper they have received, giving your name and postal address.  They must not simply send you the NtK and tell you to deal with it. 

Once you receive your own 'Notice to Hirer', you deal with it as per the NEWBIES FAQ sticky, first post, using the relevant Edna Basher template near the foot of that first post of the sticky. 

Coupon-mad

Or, appeal as admitted driver straight away to hook it completely away from the garage.    I would do that, because your case is not about keeper liability if UKCPS ever try a small claim.

You know how to appeal from the NEWBIES thread but add a line about being a resident and attach a copy of your permit.  
DO NOT MENTION NOR APOLOGISE FOR THE PERMIT SLIPPING (DID YOU NOT REALISE, THE TICKETER MAY HAVE BEEN THE CAUSE OF THAT? UKCPS ARE EX-CLAMPERS AND THAT'S HOW CLAMPERS USED TO WORK).  HORRIBLE COMPANY TO HAVE AT YOUR HOME!

Get PROOF of posting, a free certificate of posting receipt.  
 DO NOT SEND 'SIGNED-FOR'.

FINALLY, PLEASE DON'T COME BACK ASKING FOR THE 'NEXT STEP' WHEN THEY REJECT IT.
PLEASE PLEASE PLEASE NO.  THE POINT OF THE APPEAL IS NOT TO 'WORK' AND THE NEWBIES THREAD TELLS YOU ALL THIS.  DON'T ASK ABOUT IAS.

Johnersh

Many types of cases are easier to defend as driver. 

Also if your permit was still ostensibly visible (have you been then supplied with a photo of the windscreen). You'll be on a decent position to defend - even without drilling down into what the lease requires.

The ticketing person would've seen your car on numerous occasions and not ticketed it until the permit slipped. Ie. They would have ticketed, knowing you were not obstructing anyone. 

leighbex

Umkomaas said:

If you lease the car from the garage, the garage will be the registered keeper. The PCN being served on them has been done correctly. What they must do now is formally transfer that liability to you as the 'hirer/lessee'. They do that by completing the tear-off slip on the Notice to Keeper they have received, giving your name and postal address.  They must not simply send you the NtK and tell you to deal with it. 

Once you receive your own 'Notice to Hirer', you deal with it as per the NEWBIES FAQ sticky, first post, using the relevant Edna Basher template near the foot of that first post of the sticky. 

Sorry not sure if I made myself clear, I pay for the car on finance and it's on PCP so I should be the registered keeper shouldn't I? Also, my last car was on PCP and when I had a PCN it came to my address. 

Coupon-mad

The NTK goes to whoever the DVLA tell the PPC, is the registered keeper.  Clearly the DVLA have the garage as the rk.

leighbex

Johnersh said:

Many types of cases are easier to defend as driver. 

Also if your permit was still ostensibly visible (have you been then supplied with a photo of the windscreen). You'll be on a decent position to defend - even without drilling down into what the lease requires.

The ticketing person would've seen your car on numerous occasions and not ticketed it until the permit slipped. Ie. They would have ticketed, knowing you were not obstructing anyone. 

Thank you, would you steer clear of appealing on their online form and just send my appeal via post? Their online appeal form does ask for emails and number which seems a bit dodgy. 

Coupon-mad

Absolutely categorically NOT BY POST.   

Of course you put your details in as driver (minus the real phone number but that's just common sense).
You need to hook this away from the garage and admit to driving, as I already told you.

leighbex

Coupon-mad said:

The NTK goes to whoever the DVLA tell the PPC, is the registered keeper.  Clearly the DVLA have the garage as the rk.

Seems like it, which is strange even the car garage seemed to be baffled why their details were still on the DVLA. I will appeal today with my evidence and declare I am the registered keeper. Many thanks!

Coupon-mad

Contact the DVLA data team as well (Google it) and get the V5C put right or you could get CCJs and miss speeding tickets, the lot.