PCN Help - Cash Paid

Squibalicous

Hi All,

Newbie here so apologies.  I'm finding all the information available a little overwhelming and I'm panicking a little bit, so any help is appreciated.

I borrowed my brother's car and parked in a private car park, paying for 2 hours with cash in the machine.  He has now received a PCN stating I never paid.  Obviously, I'm frustrated as I did pay but given, I work abroad and had the car valeted, I no longer have the ticket as evidence.

I filed an appeal with the company, requesting they check the pay machine at the time I knew I got the ticket, along with confirming the CCTV showing me doing so to which they've declined it stating no registration matches in their system and basically, I'm lying.

I've since requested to see the CCTV on their land but they say I need to speak to the landowner and also requested proof of payments made at the machine, but they say they can't due to GDPR so I'm feeling stuck and obliged to pay them for something I don't feel is right.

What is the best course of action now or am I bound to pay them?

Thank you if you made it this far in my rambling.  Any help is truly appreciated.

Fruitcake

Which PPC? Where did the alleged event occur? It may have cropped up before.

Pleas post both sides of the NTK. Redact personal data but leave all dates showing.

Do you live abroad? If so, get the vehicle keeper to transfer liability to you, giving the PPC your overseas address for service.

If not, the keeper should complain to the landowner and the keeper's MP.

Please sign the petition from the post below, and get all yout friends and family to do the same.

Parked in a disabled Bay, no ticket - Page 3 — MoneySavingExpert Forum

Squibalicous

Thank you so much for the swift reply.

Please below requested documents.  I do have an address abroad, but I have left it as my brother's address, just my name.

Thank you.

(Image removed by Forum Team)

Fruitcake

I have reported your post because you have left your PoPLA code showing that could be used by some brigand bent on skulduggery.

I suggest you get your brother to transfer liability to you, giving your overseas address. You should then receive a notice to driver in your own name. You should then confirm that you were the driver, and include proof of overseas residential status. Redacted utility or bank/card statement or just about anything with your name and foreign address on it.

If you made the initial appeal in your own name, then you are already part way towards the PPC accepting you as having been the driver.

If the appeal was in the keeper's name, then now is a good time to transfer liability to you. Once transferred to your overseas address, you will be out of jurisdiction from the UK court system.
As far as the law is concerned, an address for service (an address where someone can be contacted) does not have to be a UK address.

Squibalicous

Oooppps thought I'd caught everything.  I can't seem to find a way to edit the post

I already put my name at his address when processing the appeal online.  I do hold a UK address (which was not disclosed to them) as well as one abroad so will they not try to chase me there in the future.  I'm happy to recontact them with the updated information for the address abroad if that's the way to go.

Is there no way to fight this by getting the evidence from the CCTV?

Fruitcake

You can't edit posts yet, not until you have posted a certain number of times, and after a certain length of time, but nobody has ever been able to work out the algorithm to determine when you will get posting privileges.
Just click on the Report button, and select, contains personal information.

No, it's your brother who needs to transfer liability to you by contacting the PPC, and he must use your overseas for address for service. You do nothing until you receive the NTD in your name at the overseas address. Come back to this thread if the PPC say they won't transfer liability.

Forget CCTV; you won't be allowed access except by direct contact with the landowner. Even then they may still refuse, and that's assuming it has been retained, and the resolution is good enough to identify the driver, and prove that they indeed paid.

Trust us, we know what we are doing.

Squibalicous

ok so just to confirm - as I have completed the appeal online and added my name and email address but as his address as confirmation this does not make any difference - if I get him to complete the back of the NTK as me but with a foreign address this is sufficient enough and I should ignore any future correspondence? 

Nellymoser

Look on back of pcn you'll see details on how to transfer liability 

Squibalicous

Thank you, I did see it but what I'm trying to say is I've already completed something online when doing the appeal so that's why I'm checking it's all still ok to do that as well.  I really don't want anyone turning up at my brother's house looking for me.

Fruitcake

You can either get the keeper (your brother) to send the transfer slip on the bottom of the NTK, naming the driver and giving your overseas address,
or

Having appealed as driver, you could send a rectification notice to the DPO of the PPC, instructing them to erase your personal data, and replace it with your overseas address for service,
or

Do both. Make sure you use the word I have highlighted.

You could ignore afterwards, but the PPC may then pursue the keeper if they don't receive confirmation from the driver that they accept liability.
It would be safer therefore for you to respond to the NTD if (when) it arrives at your overseas address. 

If the PPC refuses to accept the transfer to your overseas address, then come back to this thread.

Please do make the suggested complaints, and please help us by signing the petition.

Squibalicous

Thank you very much. I will action what you've requested.

Sorry to maybe as but what does NTD mean?