Parking ticket for parking in my own space

m344

Hello

I have received x2 parking tickets for parking in my own space. I rent an apartment which comes with an allocated bay from my building. CPM control the car park and have issued two tickets to my lease company. 1 which has already made its way back to me. I do have a permit but it simply fell off the windscreen.

I wrote an appeal identifying myself as the registered email and today they wrote back demanded I name the driver or they will neither accept or reject my appeal?! Can anyone shed any light on what to do next? There will be no POPLA code as they are with the IAS now. I've seen a lot about POFA 2012 is there a loop hole here? Does anyone know what I should do next? I assume because they want the name of the driver they will reject the appeal but it seems crazy to get a ticket for my own space! The space comes with the apartment so the permit has no details of the car etc on it. Seems silly to pay

Umkomaas

I've seen a lot about POFA 2012 is there a loop hole here?

The PCN does not contain the necessary PoFA warning ' ... we will the right to recover the parking charge that remains unpaid from the driver of the vehicle'.  That would need to say 'the registered keeper', or in this case 'the hirer'. 

But they won't roll over, they might try the 'on the assumption you were the keeper/driver' nonsense.  It might take (once again) a judge to tell them to do one!  This won't happen quickly.

Brie

the people that know will be along in a minute but it does always strike me as odd to ask who the driver is when the car is parked, stationary and no one in it.

Coupon-mad

Just reply and say no, you are appealing as keeper and the Driver will not be identified and it cannot be a condition of appeal.  State you will report them to the DVLA and DLUHC if they persist.

UncleThomasCobley

Is what you have shown us the original NtK that was sent to the lease company or is it your NtH? If that is the original NtK, they have failed PoFA whether they intended to rely on it or not because of the dates.

What does your lease say about parking? What it doesn't say is equally as important. Is there any mention of a requirement to display a permit and does it mention the right of any third party to charge you to park in your own space?

m344

Umkomaas said:

I've seen a lot about POFA 2012 is there a loop hole here?

The PCN does not contain the necessary PoFA warning ' ... we will the right to recover the parking charge that remains unpaid from the driver of the vehicle'.  That would need to say 'the registered keeper', or in this case 'the hirer'. 

But they won't roll over, they might try the 'on the assumption you were the keeper/driver' nonsense.  It might take (once again) a judge to tell them to do one!  This won't happen quickly.

Thanks for this. I'm not sure how to communicate this with them. Do you think I should right back or wait and see if I can take it to the IAS?

m344

UncleThomasCobley said:

Is what you have shown us the original NtK that was sent to the lease company or is it your NtH? If that is the original NtK, they have failed PoFA whether they intended to rely on it or not because of the dates.

What does your lease say about parking? What it doesn't say is equally as important. Is there any mention of a requirement to display a permit and does it mention the right of any third party to charge you to park in your own space?

This is the one they sent to me. They sent the original on the 03/10/23 because the lease company have provided me with a copy. Are they still out of the timelines?

Coupon-mad

It's not about the timeline.

I told you how to reply.

Fruitcake

Plan A is always a complaint to the landowner and your MP. The answer to the questions about what your lease/AST/property rental agreement is more important than anything else at the moment, and it should be your priority.
You want the landowner and/or whoever employed the *scammers* to instruct the charge to be cancelled and your space and vehicle(s) put on an exemption whitelist so this never happens again.

Secondary to that, the NTH you have shown us is not PoFA compliant if the PPC has failed to comply with paras 13 and 14 of the PoFA (failed to include the mandatory documents mentioned in those paragraphs). This only applies if the driver's identity has not been revealed. Only refer to yourself as the vehicle hirer/lessee in all complaints and communications.

If you were not the driver, then say so. In all other circumstances say nothing about the identity of the driver, and that includes this forum.

*Term used by UK MPs in open parliamentary debate*