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  • FIRST POST
    • Patrickthedog
    • By Patrickthedog 20th Oct 17, 10:19 PM
    • 5Posts
    • 1Thanks
    Patrickthedog
    Postal PPC PCN and I said my partner was driving
    • #1
    • 20th Oct 17, 10:19 PM
    Postal PPC PCN and I said my partner was driving 20th Oct 17 at 10:19 PM
    Hello lovely well savvy people. Help needed please...postal PCN and I said my partner was driving.

    I recently received a PCN from a private parking firm(DSFP) in the post. It was for £100 (reduced to £60 for 14 days) for an overstay in a carpark 1 month previous. The postcode was not local and when I looked it up I realised that it must have been when my partner took our young daughter on a trip to meet family. I asked him about it and he vaguely remembered that there had been some minor incident with our daughter on the way back to the car and that they had been slightly late. The letter from the PCN only mentioned the time of exit to the carpark so I had no idea the actual length of overstay but he guessed that it would not have been more than 10 mins or so.

    I did a small amount of online research (oh how I wish id found the mountains of advice on this forum and read the newbies thread first!, but sadly found this later on) I came across some info saying that parking ‘charges’ should be fair and representational of any loss incurred by the PPC as a result of the offence. I used their online appeal form to write a simple response saying that my partner thought he could remember our small daughter having a minor accident which held them up slightly on their return and that a £100 fine was an excessive and unfair amount to charge for a short overstay. I’m so angry with myself now for having been so naïve. I realise now how stupid this was.

    I inevitably received a further letter saying that my appeal had been denied and they detail in this letter the time of entry (16:10) time of ticket purchase(16:15) time of exit (16:31) and say I have a further 14 days to pay the reduced amount etc. They are an IPC member and as such I was directed to make any further appeal to the IAS.

    I have since done my research properly and found that I could have dealt with this so much better in the first instance and I would very much appreciate any advice on what to do next. I’ve found the schedule 4 and POFA and realised that the first letter they sent was not within the specified 14 days since the incident. I received the first letter 31 days after the parking ‘offence’. The appeal response letter they sent was still addressed to me so I guess they are going down the pursuing me as the RK route despite mentioning my partner. Also they only mention the time of exit in their first letter, should it have had the other details they only supplied following appeal?

    I am wondering how much what I have done already has shot myself in the foot? I did not mention my partner by name. Just that he remembered the parking event. But far from not naming the driver or giving excuses I have managed to do both. Should I just suck it up? Or is this in any way still salvageable?

    Many Thanks to any one with expertise in this who can give me some advice .
Page 1
    • Redx
    • By Redx 20th Oct 17, 10:36 PM
    • 18,114 Posts
    • 22,902 Thanks
    Redx
    • #2
    • 20th Oct 17, 10:36 PM
    • #2
    • 20th Oct 17, 10:36 PM
    if you did not name the driver (name and address of the driver) then you have not actually named the driver per se

    hence why they are after you

    if you read the NEWBIES sticky thread you know that appealing to the IAS is a waste of time

    and almost all appeals to parking companies are turned down, even if you said a martian drove the vehicle and turned it into a pumpkin !!

    it is what it is , IGNORE them now and IGNORE any debt collector loetters too

    come back if you receive an LBC or an MCOL in the post , within 6 years

    keep all paperwork and evidence etc

    10 minutes seems a reasonable grace period to me , hopefully a judge will think the same
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Umkomaas
    • By Umkomaas 20th Oct 17, 10:40 PM
    • 17,575 Posts
    • 27,786 Thanks
    Umkomaas
    • #3
    • 20th Oct 17, 10:40 PM
    • #3
    • 20th Oct 17, 10:40 PM
    If you haven!!!8217;t actually named the driver and provided an address for service, the PPC will pursue the registered keeper. If this is the case, I wouldn!!!8217;t make any more contact with them.

    That said, nothing you could say to a PPC would see a PCN cancelled, nor would an appeal to the IAS (even on legal grounds like non-PoFA compliance). So you are where you are, just waiting to see what the PPC!!!8217;s next move is, and whether they will proceed to issue a court claim (which from 1/10/17 has become much more of a faff for them due to the new CPR pre-action protocol).

    Are they likely to issue court proceedings? Make your own mind up on that.

    https://bmpa.zendesk.com/hc/en-us/articles/208139649-Direct-Solutions-For-Parking-Ltd

    http://www.bmpa.eu/companydata/Direct_Solutions_For_Parking.html
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Patrickthedog
    • By Patrickthedog 20th Oct 17, 11:39 PM
    • 5 Posts
    • 1 Thanks
    Patrickthedog
    • #4
    • 20th Oct 17, 11:39 PM
    Thank you for your speedy replies
    • #4
    • 20th Oct 17, 11:39 PM
    I would obviously be in a stronger position had I sent the appropriate response to their first letter and I’m wondering if I will now be flagged up on their radar as being someone likely to give a feeble defence if they were to go ahead and start court proceedings. And would it indeed be the case given what I’ve already said?
    Thanks again.
    • Redx
    • By Redx 20th Oct 17, 11:49 PM
    • 18,114 Posts
    • 22,902 Thanks
    Redx
    • #5
    • 20th Oct 17, 11:49 PM
    • #5
    • 20th Oct 17, 11:49 PM
    I doubt that it matters

    if they go to court , they have to prove they have a case in the first place , landowner contract , IPC CoP compliance , signage , never mind POFA2012 if going after the keeper

    had the driver actually been named , they would have issued a notice to the driver for them to appeal (futile though it is)

    its their problem , see what comes of it
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • The Deep
    • By The Deep 21st Oct 17, 9:53 AM
    • 9,204 Posts
    • 8,969 Thanks
    The Deep
    • #6
    • 21st Oct 17, 9:53 AM
    • #6
    • 21st Oct 17, 9:53 AM
    they detail in this letter the time of entry (16:10) time of ticket purchase(16:15) time of exit (16:31)


    So your partner bought a ticket and stayed 21 minutes, what is their problem?
    You never know how far you can go until you go too far.
    • Patrickthedog
    • By Patrickthedog 21st Oct 17, 9:44 PM
    • 5 Posts
    • 1 Thanks
    Patrickthedog
    • #7
    • 21st Oct 17, 9:44 PM
    correction
    • #7
    • 21st Oct 17, 9:44 PM
    That should be the ticket expired at 16:15 so the overstay was actually 16 minutes until he exited
    • KeithP
    • By KeithP 21st Oct 17, 9:52 PM
    • 7,186 Posts
    • 6,670 Thanks
    KeithP
    • #8
    • 21st Oct 17, 9:52 PM
    • #8
    • 21st Oct 17, 9:52 PM
    That should be the ticket expired at 16:15 so the overstay was actually 16 minutes until he exited
    Originally posted by Patrickthedog
    So he entered the car park at 16:10.
    Bought a ticket which expired at 16:15.
    Left the car park at 16:31.

    That's not right either, is it? A ticket valid for five minutes?

    Can you please state again exactly what the appeal rejection letter said about this?

    If the overstay really was just sixteen minutes then this is winnable.
    .
    • Patrickthedog
    • By Patrickthedog 21st Oct 17, 10:04 PM
    • 5 Posts
    • 1 Thanks
    Patrickthedog
    • #9
    • 21st Oct 17, 10:04 PM
    • #9
    • 21st Oct 17, 10:04 PM
    OK sorry, start again.
    it said, time of entry 14:10,time of ticket purchase 14:15, time of ticket expiry 16:15 time of exit 16:31
    • Coupon-mad
    • By Coupon-mad 21st Oct 17, 10:56 PM
    • 57,449 Posts
    • 71,029 Thanks
    Coupon-mad
    If you haven’t actually named the driver and provided an address for service, the PPC will pursue the registered keeper. If this is the case, I wouldn’t make any more contact with them.

    That said, nothing you could say to a PPC would see a PCN cancelled, nor would an appeal to the IAS (even on legal grounds like non-PoFA compliance). So you are where you are, just waiting to see what the PPC’s next move is, and whether they will proceed to issue a court claim (which from 1/10/17 has become much more of a faff for them due to the new CPR pre-action protocol).

    Are they likely to issue court proceedings? Make your own mind up on that.

    https://bmpa.zendesk.com/hc/en-us/articles/208139649-Direct-Solutions-For-Parking-Ltd

    http://www.bmpa.eu/companydata/Direct_Solutions_For_Parking.html
    Originally posted by Umkomaas
    As Umkomaas said above, I wouldn’t make any more contact with them. Small fry.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Patrickthedog
    • By Patrickthedog 21st Oct 17, 11:51 PM
    • 5 Posts
    • 1 Thanks
    Patrickthedog
    Ok, thank you all for your advice. Very much appreciated.
    • Coupon-mad
    • By Coupon-mad 21st Oct 17, 11:57 PM
    • 57,449 Posts
    • 71,029 Thanks
    Coupon-mad
    Relax and collect the letters. Come back if you get a (very defendable) small claim, no panicking.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • sandhillscarpark
    • By sandhillscarpark 17th Apr 18, 9:43 AM
    • 1 Posts
    • 0 Thanks
    sandhillscarpark
    please join our facebook action group
    Sandhills Action Group we have over 1200 members fighting this carpark/company
    • waamo
    • By waamo 17th Apr 18, 9:50 AM
    • 3,209 Posts
    • 4,237 Thanks
    waamo
    please join our facebook action group
    Sandhills Action Group we have over 1200 members fighting this carpark/company
    Originally posted by sandhillscarpark
    The op hasn't been back since October so hijacking this thread is probably pointless.
    This space for hire.
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