Parking Charge Received - Do i pay,appeal or wait to pursue through the county court?

[Sb12345]

Hello

A parking charge/fine has been received for parking on private land. A previous charge received at this site is currently in dispute by the driver at that time.

A parking charge has been given as the driver on this occasion overstayed the time paid for by around an hour - one hour was paid for however the top up payment for the second hour was not made due to unforeseen circumstances.

No appeal has been made at this point for this charge - the driver is not currently identified.

Can two separate charges for the same vehicle (regardless of who was driving) be handled at the same time in the court process? The first charge is at the stage of awaiting county court documents. Does one influence the other - would a judge look favourably if this second charge was paid. Can one influence the outcome/process of the other?

Just to be clear with this second charge - the driver is willing to make a payment however its the sheer difference between the cost of the parking and the fine that seems unreasonable.

Any advice appreciated
Thankyou

ps.See attached document left on the vehicle.

https://www.dropbox.com/sh/ag2nap4va...pjfBvSAba?dl=0

[ostell]

Have a read of POFA, link given below. Before giving advice would need to have a few more details, such as parking company, date of even and date the Notice to Keeper was received, is it a lease car, is it in Scotland or NI?

What was put on the windscreen is not a notice to driver. Look at paragraph 7 in the linked reference to POFA. The Notice to Driver has to be a certain format to be able later to hold the keeper liable, With no valid windscreen ticket the Notice to keeper has to be received within 14 days to hold the keeper liable and must contain all the details specified in paragraph 9.

There is absolutely no legal requirement for the keeper to name the driver. For the parking company to be able to claim from the keeper for the second ticket they have to apply to the DVLA again. You can check for this by an email to the DVLA.

When you get a Notice to Keeper post up it up with identifying details redacted.

[Sb12345]

hi ostell, thanks for the advice - please re check and advise if sufficient detail has been removed to anonymise

kind regards

[Sb12345]

also - to answer your questions it is england, date of event is 2/2/18, no notice to keeper received yet, it is not a lease car

[ostell]

One of the methods of seeing this off is to appeal as the keeper couple of days before the last day for appealing. They may then think they have the keeper details and so not bother to send a notice to keeper nor bother to contact the DVLA to get the keeper details. Either way they cannot then hold the keeper liable. NTK has to get to you before 56 days are up.

[Sb12345]

okay thank you ostell

i have updated again to try and make it more anon, please advise if still requires rephrasing again.

as the two charges are for the same vehicle does this have any impact?

in order to appeal this can keeper wait until receive something through the post as currently the only information is a yellow piece of paper left on windscreen (as in link) with a reference number on it - it doesn't have a time or a reason and a website must be visited and enter personal details (registration number ) to access the information about why keeper or driver would be liable for the charge.

Doesn't seem reasonable all of this information should be displayed on the initial notice left on the car i would have thought however I could be wrong?

regards

[ostell]

Please change you last post. You are now handling this as the KEEPER only.

I gave you a link for the Protection of Freedoms Act Schedule 4. To be able to claim from the keeper of the car when they don't know who was driving, and you don't tell them or hint who that is, they have to follow the legislation. The answer to your query about all the information should be on the paper attached to the windscreen is that it should conform with paragraph 7, which defines the format and delivery of the Notice to Driver. They failed that.

To be able to hold the keeper liable they have to get the keeper details from the DVLA for every ticket they issue. Failure to do this means that they can't claim from the keeper.

Without a valid Notice to Driver the Notice to Keeper has to be delivered within 14 days. THe reason they do it this way is to hopefully find out who was driving and then claim from the driver.

So keep the cases separate at the moment. Forget about writing before the end of the 28 days as I presumed you had a proper Notice to Driver, just wait for the Notice to Keeper to arrive within 14 days and then take it from there for that one. The parking company will be Excel and they are known to get the Notice to Keeper wrong and therefore no keeper liability.

If you can get some photos of the signs in the car park and post them on here. Use the same process as you used previously.

And now for the previous parking charge, You say you are waiting for court documents. Have you received a Letter Before Claim? If you want help with this I would suggest starting another thread so the cases don't get confused. If it was by the same process did you get a Notice to Keeper within 14 days or at all and has the diver been identified? A simple Yes or No only please for the last question.

[Sb12345]

For the first charge yes the driver has been identified as an appeal was made through their appeal process and the driver self identified. All the documents that were sent are attached to that thread separately (there are two posts on my profile). If you look at the separate thread you will see any documents sent - there is one notice before court action and then some from solicitors.

For this charge tbe driver and the keeper are as yet unidentified. I have a photo of the Sign should I remove the location details and upload ?

[ostell]

We'll keep this thread for the second charge. If you want help for the first one then start another thread so things don't get confused.

The keeper will be identified when they apply to the DVLA for details. Just wait for that Notice to Keeper to arrive within 14 days. Take a note of the date it arrives. Then post it up, suitably redacted, and a photo of the sign. It is the Keeper who is handling this.

[Sb12345]

Hello again
thanks so much for your help
please see attached the signs from the car park - there are two, one at the entrance and one next to the pay machine

https://www.dropbox.com/sh/ecewlekwn...cKAWvsUxa?dl=0

[ostell]

So who's name is on the parking signs and who's name is on the NTK? What was the unforeseen reason for not leaving on time?

[Sb12345]

The NTK has not yet been received. The name on the signs is XL parking. The unforeseen circumstance was that an unwell relative Was struggling with symptoms of a long term illness.

[Sb12345]

https://www.dropbox.com/sh/ha7liv9l5...EZRFgt-ja?dl=0


ntk receivedÂ*

[ostell]

Can'tÂ* read those, need better definition.Â* Also need to see dates

[Sb12345]

The dates are : contravention date 2/2/18, issue date 8/2/18, payment required within 28 days 8/3/18, payment reduced to £60 if paid by 22/2. It says at the bottom a warning that if by 28 days the driver is not identified then they have the right to recover from the keeper.