Fistral Beach parking fine

[Herts47]

Hi

I am the registered keeper of a car that drove into Fistral Beach car park at 09:33:12 and left at 09:48:02 - just under 15 minutes (by 6 seconds). I've received a PCN through the post which is addressed to my old address before I moved (the DVLA have my new address so I have no clue why the old address is shown - maybe the car itself is still registered to my old address?

I have to pay £60 by 17th or I pay £100 apparently.

What is a reasonable grace period? The car was only parked for a short period of time whilst the driver dropped someone off to meet someone, discovered the person wasn't there, and drove back out again.

Is it worth appealing or should I just pay as I was there for almost 15 minutes?

[Kati]

Re: Fistral Beach parking fine

tagging [MENTION=5553]charitynjw[/MENTION] xx

[charitynjw]

Re: Fistral Beach parking fine

Could you post up a copy of the Notice to Keeper? (Front & rear, obscure personal details, but leave times & dates visible.)

From what you say, you should be ok re allowable grace periods.

Do you still own the relevant vehicle?

[ostell]

Re: Fistral Beach parking fine

Look for other threads on Fistral beach.

[Herts47]

Re: Fistral Beach parking fine

Could you post up a copy of the Notice to Keeper? (Front & rear, obscure personal details, but leave times & dates visible.)

From what you say, you should be ok re allowable grace periods.

Do you still own the relevant vehicle?

Yes I still own the vehicle and I've attached the parking notice. Thank you for your help.

[charitynjw]

Re: Fistral Beach parking fine

If there was no windscreen PCN, the Notice to Keeper is well out of time for transfer of liability from driver to registered keeper.

So keep on not ID'ing the driver.

[Herts47]

Re: Fistral Beach parking fine

If there was no windscreen PCN, the Notice to Keeper is well out of time for transfer of liability from driver to registered keeper.

So keep on not ID'ing the driver.

There was no windscreen PCN - it came through the post and this is my old address anyway as I've moved (DVLA know this so not sure where the old address came from).

What do you mean the transfer of liability is out of time. What do I need to do?

Also - I think there is a grace period of 15 minutes at Fistral Beach and I was there 14 minutes and 50 seconds according to the photo times.

If I don't pay the £60 by Friday (17th) it goes up to £100. What should I do?

[charitynjw]

Re: Fistral Beach parking fine

For transfer of driver liability, the Notice to Keeper must be served (received by the RK) within 14 days of the parking incident.

Protection of Freedoms Act 2012 Schedule 4, 9(5)

(5)

The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

http://www.legislation.gov.uk/ukpga/...dule/4/enacted

[ostell]

Re: Fistral Beach parking fine

That's a golden PCN and identifying the driver will snatch defeat out of the jaws of victory.

They know they are out of time and are not using POFA to transfer liability to the keeper as, apart from the more than 14 days requirement a lot of the required POFA statements are are missing. Just to check could you post up the back of the PCN.

[Herts47]

Re: Fistral Beach parking fine

That's a golden PCN and identifying the driver will snatch defeat out of the jaws of victory.

They know they are out of time and are not using POFA to transfer liability to the keeper as, apart from the more than 14 days requirement a lot of the required POFA statements are are missing. Just to check could you post up the back of the PCN.

Hi - this is the back of the PCN

[charitynjw]

Re: Fistral Beach parking fine

That Challenge Reply strip is a disgrace.
They are basically asking you to admit to a contravention.
Is there an 'other' option?

[Herts47]

Re: Fistral Beach parking fine

That Challenge Reply strip is a disgrace.
They are basically asking you to admit to a contravention.
Is there an 'other' option?

Yes, sorry, this was missed off the scan. There is an "Other" - please include any supporting documents and a letter explaining your reason for challenge"

I don't know what supporting documentation they require. You have suggested they have gone over their legal period of passing the responsibility from the driver to the registered keeper, plus there is a 15 minute grace period I believe, and the car was parked for 14 minutes and 50 seconds.

I presume I can't challenge unless I have supporting documentation?

[charitynjw]

Re: Fistral Beach parking fine

You don't need supporting docs.

The facts speak for themselves.

[Herts47]

Re: Fistral Beach parking fine

You don't need supporting docs.

The facts speak for themselves.

Ok - so I'll appeal on line (or challenge) saying the time has passed to pass responsibility from the driver to the keeper and the grace period of 15 minutes hadn't expired.

Thanks for your help - I'll see what happens!

- - - Updated - - -

A quick question. The PCN is due to go up to £100 on 17th (Friday). If I appeal, and they don't get back to me before Friday, do I then have to pay £100 if I lose?

[charitynjw]

Re: Fistral Beach parking fine

Ripped off shamelessly from another forum. (Credit to Sue Prior.)

Your Address
Date:

Reference: PCN #

Dear Sir/Madam,
Many thanks for your recent correspondence, in which you claim the driver of my vehicle is liable for a parking charge.


Since your Notice to keeper did not arrive until [number of days] days after the parking incident it does not therefore comply with POFA 2012 and as such there is no keeper’s liability.

ANPR Systems – NTK to be received within 14 days
Warden issued – NTK to be received after day 28 +1 and before day 56

You may not assume that I, the keeper, was the driver on this day.
You can issue a code for accessing a suitable appeal process if you decide to persist in this manner, this will be utilised in full.


Sincerely,

Registered Keeper