CPM Parking Charge Notice - Do I have to identify the driver?

Manc1997

I live in a flat block with my partner, recently built by a housing association in Manchester. The car park is managed by PCM (Car Park Management), and only residents who pay the £50 monthly fee are allowed to park there. Unfortunately, there aren't enough spaces, so many of us are on a waiting list and have to fight for the limited parking spots outside the building.

Recently, my partner has been driving my car because I was nearing the end of my pregnancy and now find it difficult to walk from further away. The car park is only accessible if you pay the monthly fee and are registered. My partner followed someone else into the car park twice and parked there, resulting in two PCNs from PCM.

Should I challenge the tickets and provide the parking company with my partner’s details? Does the fact that I was heavily pregnant and now post-natal help our case in any way?

I'm not trying to avoid a parking ticket that we may deserve; I'm just wondering how best to handle this. I have only two days left before the 28-day mark for one of the tickets (I hadn’t checked the post in time). I'll attach a picture to see if anyone can let me know if the ticket is POFA compliant.

Gr1pr

There is no legal requirement to name the driver, is a voluntary thing, but only if the keeper cannot deal with it or does not want to be involved 

I doubt that your condition would be a factor 

The parking company will not cancel the charges UNLESS the landowner tells them to

LDast

The notice is not deemed to be "given until Wednesday 5th June. It was issued on the 4th May, so two business days after that date was Wednesday 8th May. Irrespective of that, there are PoFA flaws in the NtK.

There is no point of reference for the "period of parking". Just stating "the period immediately prior" does not satisfy the requirement under PoFA 9(2)(a) and (b) to describe the "period of parking". The period could be 5 minutes before or a thousand years before. There is no point of reference.

Additionally, there is no invitation for the keeper to pay the charge which is a requirement if they intend to rely on PoFA to hold the keeper liable. PoFA 9(2)(e)(i) applies.

So, no identifying the driver. Any appeal or communication is solely as the keeper. 

Unfortunately, you are dealing with a litigious bunch of ex-clamper thugs whose unregulated private parking company is a member of the IPC. What that means is that unless you can get Plan A to work, Plans B and C are going to be a waste of time and you'd have to rely on Plan D being successful.

So, what has been done about Plan A? Did the driver knowingly park without a permit or did they do so only in order to drop or pick you up because of your protected characteristic at the time? How long did the driver leave the vehicle at the location?

Manc1997

My partner parked here for short periods (a few hours at most) to make things easy for me when I was leaving and returning to home, hoping that the men they send at random times to take pictures of cars wouldn’t come during that time. 

So yes, he was parking without a permit, knowing that there was a risk. I’ve spoken to one of the inspectors before and he told me that he would let the other inspectors know to leave our car alone, since we were residents, but the rules are the rules so we shouldn’t have relied on his word.

Manc1997

I have until tomorrow night to either identify the driver or pay the full £100 (this is regarding the other charge).

Coupon-mad

Arteh97 said:

I have until tomorrow night to either identify the driver or pay the full £100 (this is regarding the other charge).

No you don't do either. There is no deadline.  

Manc1997

Thank you. I'm not sure what I should do as I have received threatening letters regarding a previous charge that I appealed due to pregnancy related illness before, so I'm sure this one will go down the same road. I'm not particularly worried about that one because I feel I have a defence, but this one seems more difficult than that.

My partner doesn't mind just taking liability and paying the discounted £60 for both charges if it stops me having to worry about what might come of this. Would it be better for us to just do that now, or is it better to wait this out?

Gr1pr

I would suggest that you don't worry at all if it bothers you regarding court etc 

You could get from under it by naming the driver, then its their problem to pay or possibly go to court, but their choice to make, once named ?

Its an option, but your decision, not mandatory, but voluntary 

Manc1997

Okay, I will ignore both of them and get back to you guys if any court claim is made. Thank you.

Manc1997

Please could someone explain to me how it is that I can name the driver and get from under it, when the notice & pofa states that I can be held liable if I do not provide them with the driver details by 28 days? Would I be contacting the parking company and telling them who the driver is at a later date?

Gr1pr

Yes you would, at any time up until a court claim is issued, regardless of their self imposed time restraints 

POFA doesn't say anything about a 28 day deadline 

But there is no legal or compulsory requirement to give them drivers details, so its a personal choice depending on the relationship between keeper and the driver, plus the personal implications of the keeper, such as not wanting a court claim in their name etc , do they have the bottle to take them on in a civil court case ? Or not ?