Durham Train Station Car Parking Charge (FMS)

Coupon-mad

Probably not.  I recommend you admit to driving in your appeal, for the reason I said. Otherwise they might revert to the lease firm later, who will pay out of fear. 

Please can you show the back of that NTK that went to the lease firm? Never seen a NTK from this lot. They are a tiny, tiny fish in a big pond and perfectly safe to admit to driving to hook the case only to you. Keeps you in control. Then when you probably lose at IAS you just IGNORE.

Dma76

Coupon-mad said:

Probably not.  I recommend you admit to driving in your appeal, for the reason I said. Otherwise they might revert to the lease firm later, who will pay out of fear. 

Please can you show the back of that NTK that went to the lease firm? Never seen a NTK from this lot. They are a tiny, tiny fish in a big pond and perfectly safe to admit to driving to hook the case only to you. Keeps you in control. Then when you probably lose at IAS you just IGNORE.

Hi again and thanks for your response, I've uploaded the reverse that was sent to the lease co.

Coupon-mad

Dma76 said:

Non POFA NTK wording.

So, this little firm could never hold a keeper liable. The event was also at a station so again: no keeper liability is possible.

So NORMALLY we'd say (as other posters did before I replied) appeal as hirer and don't let on who was driving.  That is the normal advice.

BUT that leaves you open to the PPC saying you can't appeal, and reverting to bother the lease firm and they would probably pay.

Unless you are SURE your lease firm won't pay?  If you are certain they will not pay if they get another threatogram then do an appeal only as hirer/lessee and talk about "no keeper liability".

Your choice, based on your knowledge of (and your clout with) your lease firm.

IMHO with a tiny ickle jumped-up parking firm like this, either approach is fine and you'll never pay them UNLESS your lease firm does.

Hence my advice: remove that 'hanging over your head/outside of your control' risk COMPLETELY by forgetting the POFA argument and just appealing as driver saying you didn't park and just drove through (or whatever).

Grizebeck

I have yet to see firms revert back to the lease firm based on someone's appeal 

LDast

As long as the lease company did what is instructed at the top of the back of the NtK, the PPC cannot revert back to them. If they did and they paid and then tried to chargeback to the hirer, the hirer can either block any payment the lease company try to take from the hirer and let them try and sue the hirer, who will have a very valid defence.

Dma76

Hi, just wanted to follow up on this rather than be a hit and run. Thanks to the advice on here I managed to get the PCN cancelled by refusing to identify the driver, mentioning the issues at said station, non POFA, poor signage and byelaws for the land. Thanks to all who assisted and to the newbs stickies.

Coupon-mad

Nicely done and thanks for the update.

Gr1pr

So FAAC have F_______ orf. ! Or is it just me. 🙏

XrayFred

DMA76, that’s a great outcome.  I’ve got really similar circumstances from a pCN at Grantham train station.  Are you able to share a draft of what you sent FMS please?  I need to appeal by Thursday.  Best, X-ray Fred.

Grizebeck

I bet you don't need to appeal by Thursday at all