PCM rejected my appeal and said this...

Fruitcake

If you are appealing as the day to day keeper, it is not a good idea to say who was driving at the time, as you have done in at least two of your posts. Parking scammers read this forum and can sometimes identify the driver from posts made here.

Is your mum the RK, or is it Motability? Who's name is on the V5C?

You should state specifically that you are the day to day keeper and are appealing as such. However, if the RK is Motobility, I think this would make it a hire/lease car case, which is much easier to win.

Le_Kirk

I think you need to write back (as your Mother) referring to that letter and send a scan of the V5C proving she is the RK and send the standard blue text template appealing against the PCN.  Do not mention your previous correspondence and make sure it is done in her name.  I am assuming that the vehicle we are discussing here IS your Mother's Motability vehicle and not yours.  The fact that you were driving is incidental except that your Mother has protection of the Protection of Freedoms Act (POFA) as she wasn't driving and providing the PPC don't find out who was driving! 

unknown827

My mother is the RK and her name is on the v5c. So you’re saying to re-appeal the ticket without mentioning anything about the previous correspondence and this time appeal through her details? They’ll definitely notice so wouldn’t this be an issue in the future 

Coupon-mad

No, should be fine, we've seen this done before.

Or, reply and explain that the rk is your Mum and she should be classed and noted as vulnerable, as she is disabled and it is a Motability vehicle and she authorises you to appeal on her behalf (and attach proof that she does authorise you - a signed email or letter plus proof that this is her Motability car) without commenting as to which of you was driving.  Add that you (on behalf of your Mum) want to know what reasonable adjustments were made and what the alleged contravention was.

(ask that even though you've seen the PCN, get them to think about whether a PCN was appropriate now they know it's a Motability car that can only be used when Mum is in it or for errands for Mum's needs).

Le_Kirk

If you answer the letter they sent you about not accepting the appeal without proof of being the RK, then you just explain that the wrong name was used on the appeal and it should have been [Mother's_Name] and here is a scan of the V5C.  Good point by @Fruitcake above; are you sure it is Mother that it the RK or is it Motability?

unknown827

I really do owe it to you guys thank you so much, put my mind to ease I was truly stressing. I will try everything and notify you on any updates and outcomes. 

Shanishani

Le_Kirk said:

Did you appeal against a windscreen ticket?  I.E. a Notice to Driver?  Whatever you do, do not tell them the driver's name.  Wait patiently for the NTK.  If it gets to court, you do not lie to the judge.  You need to read the NTD and the NTK (when it arrives) to make sure they are POFA compliant; if they are, then there is nothing to be gained by protecting the driver as the keeper can be held liable.  If however, they are not POFA compliant - only appeal as keeper. 

How can you tell if its pofa compliant or not?

Umkomaas

Shanishani said:

Le_Kirk said:

Did you appeal against a windscreen ticket?  I.E. a Notice to Driver?  Whatever you do, do not tell them the driver's name.  Wait patiently for the NTK.  If it gets to court, you do not lie to the judge.  You need to read the NTD and the NTK (when it arrives) to make sure they are POFA compliant; if they are, then there is nothing to be gained by protecting the driver as the keeper can be held liable.  If however, they are not POFA compliant - only appeal as keeper. 

How can you tell if its pofa compliant or not?

Compare it - word-for-word - with the Protection of Freedoms Act 2012 (Schedule 4).

Here's some help:
https://www.parkingcowboys.co.uk/keeper-liability/

Le_Kirk

............ and if you need further help, start your own thread.  It can be confusing for you and the OP trying to answer two different posters on same thread (unless you are the OP and have changed your username).