Strategy for dealing with Parking Charge Notification in a slightly unusual scenario

TheEpon

Ok but what I meant was: if I don’t state I’m not the driver are they likely to infer that I was the driver? I just want to be careful with my wording.

Coupon-mad

Just don't mention it then.

You'll have seen the template appeal in the newbies thread and how easy it is to write something as keeper.

TheEpon

I've drafted a response to the PPC and would be grateful for any comments. In particular, I don't know whether to mention the bit about the incorrect address with the lease company - they might just say "not our problem".

N.B. I'm writing to you via e-mail as I'm unable to submit an appeal using your online system.

RE: PCN <redacted>

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client management company and landowner "<redacted>" and "<redacted>" respectively.

There will be no admissions as to who was driving and no assumptions can be drawn. Since this is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

The only letter I've recieved is one from "Debt Recovery Plus". I've not recieved any other coresspondence in relation to this matter and so I am accepting this is the first and only Notice to Keeper concering this matter.

It should be noted that due to an administrative error, the lease company for the vehicle in question, was in posession of an incorrect service address despite being advised by my employer that this was to be changed. Any correspondence to this address would not have been picked up.

It should be stated that the vehicle occupant was parked there in an emergency to attend to a tenant and therefore, in this particular instance, there was not enough time to properly display the Horizon issued visitor pass.

I've attached a scan of both the Resident's Pass and the Visitor Pass issued by yourselves for the property being visited at the time of the alleged incident, for reference.

I would ask you to kindly review this and cancel this PCN based upon the supplied facts.

Best regards,

Fruitcake

Personally I wouldn't mention the permits at all as implies the driver knew on was required, and you also then compound this by admitting the driver didn't display one.
 
Do mention that the driver attended the site at the request of a tenant as a result of an emergency (medical, water leak, something else).

Do mention the lease/tenancy agreement of the person being visited makes no mention of permits, therefore there is no requirement for residents or visitors to display a permit. Tis has primacy of contract over a the PPC who are a stranger to the resident's existing rights.

Don't forget to complain to your MP. The resident should complain to their MP as well as complaining to the MA/landowner/landlord about this derogation of grant.

Get pics of the site and signage. Use google streetview to see if there are any historical images that might be useful.

D_P_Dance

It is usuaqlly best not to tell the PPC who was driving.  Have you read the newbies?

TheEpon

Thanks for the responses. We went back to the site and took photos of some signs. Since it was two years since the allegded incident and Google StreetView wasn't done for this "private road" this is the best we could do.

The tenancy agreement does not mention needing to display a parking permit for either resident or visitor. Does the tenancy agreement overrule these signs when applied to a visitor? I expect them to come back and say "well there are clearly marked signs".

Le_Kirk

Oops - Clamping; that's illegal now!

Jenni_D

The lease/tenancy agreement ALWAYS trumps any signage erected by a third party.

And as said above, the sign saying clamping is unlawful as clamping has been banned (except for by authorities, so not private companies/individuals) since October 2012.

Coupon-mad

It should be stated that the vehicle occupant was parked there in an emergency to attend to a tenant and therefore, in this particular instance, there was not enough time to properly display the Horizon issued visitor pass.

Needs more detail.  What emergency?  Can you attach evidence?  Do you work for a relevant service, prove that and explain.

TheEpon

Well I attempted this and got a stock response referring us back to DRP - heartless !!!!!!. We can't find a copy of the tenancy agreement - we only have a copy of a supplemental agreement which probably won't fly. What are my options at this stage?