Same person different vehicle

UEPhil

A colleague who has just left the business finished late and used our company van to go home rather than add another hours travelling to his day. He lives in an area requiring a permit. He holds a parking permit and has lived at his residence for over 12 months. 

We have now received a demand for payment as the vehicle was parked against the operators T&C's. With details provided by our colleague (now former) we contacted the operator who has rejected the claim stating; 

At this location, parking is only permitted for valid permit holders with their permit on display. 

I'm filing an appeal with POPLA on the basis that the colleague has a legitimate right to park near his home but mitigating circumstances on this occasion precluded him using his own vehicle or permit. The job he was working on took longer than anticipated and the business felt (from a safety standpoint) that keeping the van overnight was the safer more prudent option compared to adding another hours driving to a very long day.
Even if the permit had been visible, I imagine the argument would have been 'it's a different reg no.' 

Can anyone advise on the viability of this argument or suggest another argument? Thank you   

B789

You can't appeal on "his" behalf. You are appealing yourself as either the Registered Keeper or the Driver. Using the mitigation about it not being your fault is useless as you are now a victim of this scam and the parking company does not give a poop about anything except getting some dosh out of you.

Was the PCN PoFA compliant? If it was, they can chase you unless you identify the driver and then they can issue a fresh PCN to the driver. However, if it is not PoFA compliant, they don't know the identity of the driver (unless you blabbed it to them at first appeal) and cannot transfer liability to the RK which kills it dead at POPLA.

You can try mitigating until the cows come how and no matter how many orphans, elderly or disabled people would be badly affected by this, the PPCs care not one iota.

So, which PPC? When did this happen? Can you show us a redacted version of the PCN to verify PoFA compliance?

Please answer these questions and you should also read, re-read and read again the Newbies/FAQ thread in order to familiarise yourself with the whole process and what needs to be done when and why. A quick skim-read is not enough as there is a huge amount of information you need to begin understanding to get yourself out of this scam without paying a penny. It will also be a useful life lesson for the future yourself and any family, friends or colleagues.

If you have already given up the drivers identity, you may want to direct him/her to this forum too.

KeithP

Which parking company?

You could give the name and address of the driver to the parking company and suggest that they chase him rather than your company.

Coupon-mad

I'm filing an appeal with POPLA on the basis that the colleague has a legitimate right to park near his home but mitigating circumstances on this occasion precluded him using his own vehicle or permit. 

No you are not!  That WILL 100% LOSE.  You can't use mitigation at POPLA.

Which PPC?

Is it a POFA NTK?

UEPhil

Thank you, we are the registered keeper; 
Parking Company is  'CP Plus' 

UEPhil

The driver is no longer with the company and I think will ignore it.

KeithP

UEPhil said:

The driver is no longer with the company and I think will ignore it.

Ignoring it will mean your company will be chased, taken to court, and if you continue ignoring it, expect a County Court Judgment against your company.

Why can't you give CP Plus the driver's details? He blatantly ignored the rules that, as a resident, he clearly knew.

Le_Kirk

You have left the VRM and the PCN Reference visible, malicious people may make use of that to submit an appeal that you will lose. Report your post  by clicking on REPORT.

Coupon-mad

When you log in online can you see a pic of the sign to identify where this is (and so we can see a sign with a parking charge of just £40 = REALLY USEFUL EVIDENCE FOR THE DLUHC).

Please show us the sign.

It doesn't even look like a residential site?

https://harboroughfm.co.uk/go-ahead-for-new-parking-system-at-foxton-locks/

Or is it here?
https://www.lovehomeswap.com/home-exchanges/united-kingdom/apartment-on-the-canalside

Grizebeck

Thats issued by CSL/DRP and is a POFA one

KeithP

Here's one sign at that place...


It does look like there are a number of residential boats moored there.


As an aside... @Coupon-mad, isn't there some rule/regulation about both car park operator and site owners name both being on the sign? I see that both the Canal and River Trust and CP Plus are named on that sign.