PCN - Forgot To Pay For Parking

retro_777

Hi all, 

I have another PCN situation that I'm hoping for some advice on. 

The driver of a company vehicle has been attending a Regus (Dartford Admirals Park) site for some physiotherapy sessions for a number of weeks. On this particular day they simply forgot to pay the parking charge of £1 and a PCN has now been issued from Parkmaven. There is a 30 minute free parking period and the driver overstayed this by 15 minutes. The PCN was originally sent to the drivers company as a NTK.

A complaint has been made to the physio company on site asking for this to be cancelled.

Is it still possible to appeal the PCN directly with Parkmaven or is it a case of hoping that the complaint to the physio company will work?

This is the planned appeals letter to Parkmaven:

Dear Sir/Madam

Re: PCN No.

I challenge this 'PCN' as keeper of the vehicle and subsequently request all future correspondence be sent directly to myself at the address listed below:

'Address here'

I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), Parkmaven has no reason to contact .... again regarding this PCN

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs detailing the parking restrictions and grace periods are in very small print and the terms are not readable to drivers.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Yours faithfully,

Thanks!

Coupon-mad

The PCN was originally sent to the drivers company as a NTK.

And has the hirer now received their NTH?  They can only appeal if they have a NTH.  That appeal looks fine, if so.

retro_777

The NTK PCN was sent to the company, who own the vehicle (not a lease) but I am the registered keeper so they have forwarded it on to me. The company have made no contact with Parkmaven at all. 

B789

How did the company get the PCN if you're the RK? The RK is whoever is listed on the V5C logbook. Are you perhaps the day to day keeper? Whose name is the PCN addressed to? Is it the company name?

Coupon-mad

retro_777 said:

The NTK PCN was sent to the company, who own the vehicle (not a lease) but I am the registered keeper so they have forwarded it on to me. The company have made no contact with Parkmaven at all. 

That's pretty daft of them.

Don't they know how to transfer liability?!

They seem happy for you to appeal in their name!

retro_777

Sorry, yes, I’m the day to day keeper. The PCN is addressed to the company. I don’t believe they know how to transfer liability but I’m not sure how happy they would be about me appealing in their name.

I assumed the appeal template letter I posted above was me transferring that liability but does this need to be done by the company instead before I make any appeal? 

Coupon-mad

Yes it does.

Or you just appeal as the company.

retro_777

Ok, thanks. If I appeal as the company is there a specific template I should use or will the one above be suitable? 

Is there anything else I need to be aware of if appealing as the company? 

Umkomaas

I don’t believe they know how to transfer liability

It's shown on the NtK - just needs reading!

If they formally transfer liability to you, you have more options to win this as the hirer than any appeal you do in the company's name. Having liability transferred will also give you some additional breathing space to get your head fully around this stuff, putting you in a better position to succeed. 

retro_777

Ok, I’ve asked my company to formally transfer liability to me as the keeper and emphasised not to name me as the driver. Once I receive the NTK directly I will appeal with the above posted template and see how it goes. 

Is the appeal likely to be successful on the basis that the driver simply forgot to pay and considering they have visited the site multiple times in the past and paid successfully on these occasions? 

Coupon-mad

Nope.  That's how to lose at POPLA!

But if ParkMaven are BPA and offer POPLA you'll obviously win using the NTH appeal wording in the NEWBIES thread.