SIP Parking Ticket - Was not driving the car

deckleboiiii

Second post, second ticket. Reread the newbie thread before posting to freshen up my memory but I've done everything on there on the dates indicated to either appeal the ticket or delay proceedings. I've received a letter today marked "Legal Action Letter" which of course I am going to ignore. 

Received an NTK within a few weeks, a reminder letter and now this "urgent action required" letter today. 

The interesting part of this is that I'm the registered keeper but I did not drive the car on the date that the ticket was issued - someone else did. I no longer have access to that car at all - if it goes to court, does this change my circumstance? I'm familiar with appealing due to inadequate signage etc, but not sure on my defence in this case other than, it literally wasn't me and the responsibility to show I'm guilty of anything is on them. 

I suppose for now I have to just sit tight and do nothing anyway, but just forward-planning 

Thrugelmir

deckleboiiii said:

 I'm familiar with appealing due to inadequate signage etc, but not sure on my defence in this case other than,

If it wasn't you driving how you are going to appeal on that basis? 

deckleboiiii

Thrugelmir said:

deckleboiiii said:

 I'm familiar with appealing due to inadequate signage etc, but not sure on my defence in this case other than,

If it wasn't you driving how you are going to appeal on that basis? 

By telling them that they are pursuing the wrong person as I did not park the car wherever it was parked and did not incur the fine? 

bargepole

The fact that you weren't driving is no defence at all.

As long as their Notice to Keeper was compliant with the Protection of Freedoms Act 2012, they can hold you liable as the vehicle keeper.

The law has been this way for some 9 years, do keep up.

D_P_Dance

It is not a fine.

Can you tell us why Schedule 4 of POFA does not apply?

Umkomaas

Whether you're liable as RK will depend on the PPC's compliance with the Protection of Freedoms Act 2012 (Schedule 4).  Please tell us:

1. Who is the PPC?
2. From whom is you 'Legal Action Letter'?
3. Date of the parking event?
4. Date of Issue shown on the NtK?
5. Is the NtK PoFA-compliant?
6. Was there a PCN attached to the car windscreen, or just NtK in the post?
7. Have you complained to the landowner?

They'll do for now.

Coupon-mad

Thrugelmir said:

deckleboiiii said:

 I'm familiar with appealing due to inadequate signage etc,

If it wasn't you driving how you are going to appeal on that basis? 

You and I (and all the regulars) know that is a perfectly valid defence if the person has a reason to believe that the signs were inadequate, for example if they are local and checked the place out after getting the NTK, or if they looked on Google Streetview for images of the place from the right year, or if there are shedloads of newspaper articles with lots of people being caught out, you know, by the usual entrapment of unlit (if dark) or otherwise badly placed illegible signs. 

Or indeed if the driver told them the issue was with inadequate signs.

They could always name the driver at this stage because the POFA allows that before court action, as the BPA's publication Parking News confirmed in an article this year by a law firm, confirming the blinking obvious about the meaning of 'commencing action'.  That might be an option if the driver believes the signage was unclear and is best placed to be the Defendant.

I am not sure why the OP has ignored the parking charge thus far, which goes against forum advice and Judges don't like it.

D_P_Dance

Here is athread about what I consifer is a flawed signage.

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1