Parking Control Management (PCM) parking charge notice....

[Redeye]

A friend of mine was using her ex husbands car and parked it in what turned out to be a private car park on 29th December 2017. (Please see parking signs attached).

Her ex husband is the registered keeper and just passed her the attached letter/PCN which he has just received.

Any advice on the best way to tackle this would be much appreciated.

Many thanks

R

[ostell]

Was there a ticket on the windscreen?

The sign is for permit holders only. As a non permit holder their is no offer of parking and therefore there can be no contract for something not permitted and therefore there can be no breach.

[Redeye]

Thanks Ostell,

Apparently there was a plastic pocket on the window-screen but the actual PCN was not inside. Not sure how much of a difference that makes but I've written a draft below based on what you have said above.

Any tips or advice would be great.

"To Whom it may concern,

As the keeper of vehicle XXXX XXX, I refer to the above PCN which I received on 01/02/18.

I note that the parking sign on site is for permit holders only. As a non permit holder their was no offer of parking and therefore there can be no contract for something not permitted and therefore there can be no breach.

Due to this fact, no further communication is expected other than to confirm that no further action will be taken and my details will be removed from your records.

Yours Sincerely"

[ostell]

Yes, no ticket is relevant. You can put this first:

According to the driver there was no ticket actually left on the windscreen, only the plastic bag therefore you have failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 namely, but not limited to, section 9 (4) (b), failing to deliver a Notice to Keeper within the relevant period of 14 days.

[Redeye]

perfect thank you...I'll add that paragraph before the previous as below (or do you think I should just stick with one angle to begin with ie. the failure to comply due to no ticket?).

"To Whom it may concern,

As the keeper of vehicle XXXX XXX, I refer to the above PCN which I received on 01/02/18.

There was no ticket actually left on the windscreen, only the plastic bag. Therefore you have failed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 namely, but not limited to, section 9 (4) (b), failing to deliver a Notice to Keeper within the relevant period of 14 days.

In addition I note that the parking sign on site is for permit holders only. As a non permit holder their was no offer of parking and therefore there can be no contract for something not permitted and therefore there can be no breach.

Due to these facts, no further communication is expected other than to confirm that no further action will be taken and my details will be removed from your records.

Yours Sincerely"

[Redeye]

Got a reply from PCM to the letter above (see attached).

What do you think?

Thanks

R

[ostell]

You can either ignore or write back to them pointing out that you were appealing as the keeper and therefore there comments that assume that you were the driver are irrelevant and show that they have not actually read your appeal. The alleged Notice to Driver attached to the windscreen was no such thing, merely a piece of paper with a reference to a web site. The piece of paper failed to conform to the requirements defined in POFA paragraph 7 for a Notice to Driver and therefore the NTK was delivered outside of the relevant period.

If you consider that this was a a valid Notice to keeper then it again fails keeper liability in that there is no required data, indeed no data at all, that was transferred to the NTK and therefore again no keeper liability.


If you do send the letter then just ignore after that, but file everything.

[Redeye]

Great thanks Ostell