SIP Parking Charge Notice- Appeal assistance required!

alirules110

Hi

I was hoping someone could assist me. I have read the newbies thread but I'm still uncertain, hence this post. I apologize in advance if I overlooked any information.

On 17th, 2023, I parked a family car in a private car park. To pay for the parking, I used a mobile application called PaybyPhone. I paid the correct amount for the appropriate duration and then left the car park. Unfortunately, I later discovered that I had accidentally paid for parking on my own car, which has a different registration number.

At the time, my own car was at the garage for repairs, which is why I used the family car. Due to my mistake, I inadvertently selected my car in the mobile application. However, I can provide evidence from the mobile phone application to prove that I paid for parking on the date and time my family car was parked there. Additionally, I frequently park at this location with my own car and have multiple entries in my mobile application that show my parking history.

The Penalty Charge Notice (PCN) has been sent to the registered keeper, who happens to be a family member. My question is: should I appeal as the driver, or should I ask the registered keeper to submit the appeal? Furthermore, should I clearly explain what happened in the appeal, or should I remain silent about it?

Lastly, I would appreciate if you could provide some insight into the chances of a successful appeal based on the information provided above.

 

Thanks in advance for any input from the members. 

Coupon-mad

It's not a Penalty Charge Notice.

Who is the keeper of the other car you typed in, is that keeper you? If so, I would appeal as driver (NO TEMPLATE) saying exactly what happened and that this is a keying error that the Government, BPA and IPC agree must not be weaponised to punish paying drivers. State the full VRM you made payment for and attach a photo of that car's V5C to show you do 'own' it and state that this vehicle wasn't in the car park, as SIP well know. Punishing for a typo would not get past a Judge (especially after the new DLUHC Code of Practice is finalised) so they must cancel.

If they reject the appeal COMPLETELY IGNORE THEM.  Do not try IAS.

Come back if SIP try a court claim (easy to defend).  No risk.

alirules110

Coupon-mad said:

It's not a Penalty Charge Notice.

Who is the keeper of the other car you typed in, is that keeper you? If so, I would appeal as driver (NO TEMPLATE) saying exactly what happened and that this is a keying error that the Government, BPA and IPC agree must not be weaponised to punish paying drivers. State the full VRM you made payment for and attach a photo of that car's V5C to show you do 'own' it and state that this vehicle wasn't in the car park, as SIP well know. Punishing for a typo would not get past a Judge (especially after the new DLUHC Code of Practice is finalised) so they must cancel.

If they reject the appeal COMPLETELY IGNORE THEM.  Do not try IAS.

Come back if SIP try a court claim (easy to defend).  No risk.

Thanks Coupon-mad for your response, much appreciated.  Yeah I understand that the letter they have sent is an invoice for payment not a PCN, I just thought it was easier to say PCN. 

Basically the keeper of the vehicle that was parked in the car park is someone else. The car that the parking was paid for belongs to me. Do I still appeal as a driver or give my evidence to the registered keeper to submit the appeal? 

Coupon-mad

It is a PCN; I wasn't saying that. Look at my bold.

I knew everything you just said and already explained (I hoped) why it has to be you who appeals because only YOU own the other car.

alirules110

Coupon-mad said:

It is a PCN; I wasn't saying that. Look at my bold.

I knew everything you just said and already explained (I hoped) why it has to be you who appeals because only YOU own the other car.

Oh okay, my bad I understand.  I will appeal as the driver because I own the other car.  If so some reason they decide to reject my appeal would it not be easy for them to take me to Court? 

Umkomaas

alirules110 said:

Coupon-mad said:

It is a PCN; I wasn't saying that. Look at my bold.

I knew everything you just said and already explained (I hoped) why it has to be you who appeals because only YOU own the other car.

Oh okay, my bad I understand.  I will appeal as the driver because I own the other car.  If so some reason they decide to reject my appeal would it not be easy for them to take me to Court? 

Anyone can take you to court, and in the Smalls Claim Court, it is quite easy. Not clear why you are asking.

alirules110

Umkomaas said:

alirules110 said:

Coupon-mad said:

It is a PCN; I wasn't saying that. Look at my bold.

I knew everything you just said and already explained (I hoped) why it has to be you who appeals because only YOU own the other car.

Oh okay, my bad I understand.  I will appeal as the driver because I own the other car.  If so some reason they decide to reject my appeal would it not be easy for them to take me to Court? 

Anyone can take you to court, and in the Smalls Claim Court, it is quite easy. Not clear why you are asking.

Yeah I agree but only if the driver of the vehicle has been identified or they will have no cause of action regardless of whether the matter is in the smalls claims court or allocated to the Fast-Track.  

Umkomaas

alirules110 said:

Umkomaas said:

alirules110 said:

Coupon-mad said:

It is a PCN; I wasn't saying that. Look at my bold.

I knew everything you just said and already explained (I hoped) why it has to be you who appeals because only YOU own the other car.

Oh okay, my bad I understand.  I will appeal as the driver because I own the other car.  If so some reason they decide to reject my appeal would it not be easy for them to take me to Court? 

Anyone can take you to court, and in the Smalls Claim Court, it is quite easy. Not clear why you are asking.

Yeah I agree but only if the driver of the vehicle has been identified or they will have no cause of action regardless of whether the matter is in the smalls claims court or allocated to the Fast-Track.  

If the Notice to Keeper is compliant with Protection of Freedoms Act 2012 (Schedule 4), there is no need for them to identify the driver, they can by law hold the registered keeper liable. 

Private parking charges are not allocated to the Fast-Track. 

alirules110

Umkomaas said:

alirules110 said:

Umkomaas said:

alirules110 said:

Coupon-mad said:

It is a PCN; I wasn't saying that. Look at my bold.

I knew everything you just said and already explained (I hoped) why it has to be you who appeals because only YOU own the other car.

Oh okay, my bad I understand.  I will appeal as the driver because I own the other car.  If so some reason they decide to reject my appeal would it not be easy for them to take me to Court? 

Anyone can take you to court, and in the Smalls Claim Court, it is quite easy. Not clear why you are asking.

Yeah I agree but only if the driver of the vehicle has been identified or they will have no cause of action regardless of whether the matter is in the smalls claims court or allocated to the Fast-Track.  

If the Notice to Keeper is compliant with Protection of Freedoms Act 2012 (Schedule 4), there is no need for them to identify the driver, they can by law hold the registered keeper liable. 

Private parking charges are not allocated to the Fast-Track. 

Thanks for that Umkomas, I clearly had gap in my knowledge. But isn't the CPR 26.6(1)(a)(i) clear that any amount (money) in dispute over £10,000 would be allocated to the Fast track? I appreciate that parking charges will ever accumulate over £10,000 but if they ever did would it still be allocated to the small claims track? 

Umkomaas

I appreciate that parking charges will ever accumulate over £10,000 but if they ever did would it still be allocated to the small claims track? 

Never had to advise on that number of PCNs, totting to £10k, so - pass, I'm afraid.

Coupon-mad

Of course they will be likely to reject the 'appeal'. It's a farce. There is no real appeal.

Your case isn't even more than £200.  Yes they could try a small claim.  Nothing to worry about.  Yes you can defend, and we see Defendant wins in 99% of reported outcomes...for the past six years!

Not a bad record, given we do these every day.

And the Government is hopefully about to drive a coach and horses through the excessive way this industry operate their litigation culture (expected within a month...) so now is a particularly good time to poker-face the scam of a £100 PCN.

The Government is also changing the rules re appeals and in 2024 'keying errors' must all be cancelled on appeal.

The PPCs know it's coming and they know what the new statutory Code says. Interesting to see if SIP are honouring that part yet.  I doubt it!