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PCN WISE Campus again. 2 year lay off

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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Seems quite straightforward to me.

    That bit you have quoted states that Sch4 applies if the driver is obliged to pay, has not paid and it doesn't matter what excuse he may have.

    What is your real question?
  • Coupon-mad
    Coupon-mad Posts: 155,672 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The POFA applies to free and permit car parks too.  It is badly drafted and conflates the meaning of 'parking charges' but it basically applies to all parking events on controlled relevant land.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hawaiis0
    Hawaiis0 Posts: 10 Forumite
    Second Anniversary First Post
    I feel a bit silly as I was reading it as implying that paying the entrance fee, which covers parking, is not an excuse, which was conflicting with 1(b), as the entrance fee (ergo parking) was paid in full.
  • Coupon-mad
    Coupon-mad Posts: 155,672 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    No it doesn't mean that, and most Judges find that where the fee for parking was paid, there is no legitimate interest in punishing that driver by penalising them with a penalty for some trumped up reason.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hawaiis0
    Hawaiis0 Posts: 10 Forumite
    Second Anniversary First Post
    My Landowner complaint has returned with an offer (because there were 2) to cancel one but withhold second at lowest £60 rate.
  • Coupon-mad
    Coupon-mad Posts: 155,672 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Are you accepting that?  Do you feel it is fair and you owe something, what were the circumstances, fluttering ticket?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Landowner rents site to 3rd party venue. owners car park fee is waived for entrance to 3rd party venue - VRN should be logged at reception (not done or done erroneously - twice!!).  Based on the POFA opening statement Sched 4 recovery only applies where payment is not made!  Does a breach of conditions to get the free parking (ie not logging a VRN ) trigger recovery, even though the payment allowing free parking was made? I cant determine if the VRN logging was driver or venue error. Plus it was a cash payment over 2 years ago which would be needed to be proved . 
  • I don't think it's fair because they should just accept the venue entry payment.  We're not fee dodgers just human and the system isn't infallible either.  I feel the POFA statement is technically on our side but the ice is thin!  £60 is better than the £320 hanging which, had the landowner not replied, I would have followed to the end.  How does the landowners offer affect things?
  • Coupon-mad
    Coupon-mad Posts: 155,672 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes, POFA applies if the PPC has complied. 

    Based on the POFA opening statement Sched 4 recovery only applies where payment is not made!
    Yes. It means where the PCN has been triggered but not paid yet by the driver.  Not parking fees or tariffs.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hawaiis0
    Hawaiis0 Posts: 10 Forumite
    Second Anniversary First Post
    Yes, POFA applies if the PPC has complied. 

    Based on the POFA opening statement Sched 4 recovery only applies where payment is not made!
    Yes. It means where the PCN has been triggered but not paid yet by the driver.  Not parking fees or tariffs.

    Ambiguity is our friend :) 

    l read the opening introductory statement in a different way to your thoughts above, hence the direction of my comments. 

    The opening statement for me has nothing to do with the PCN not being paid, but rather that a car parking free was due and not paid. 

    If those conditions exist then the PCN process is triggered. Here, the payment for parking (entry fee) was made so schedule 4 is not valid to recovery a loss that was paid.

    However, the 'relevant obligation' part attached (to record VCN details etc.) could be our downfall.  As those conditions were not likely met.
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