PCN issues but the keeper and not the driver

[Andrew 12345]

I arrived back from holiday to find a PCN from Premier Park for Maritime Car Park, Falmouth on my door mat.

I am the registered keeper of the relevant vehicle but was not the driver. I was hundreds of miles away at the time the parking issue occurred! the letter invites me to notify the company of the driver but I have read that there are bylaws that mean the registered keeper can not be held liable for the charge, so if I don’t provide the driver’s information the matter can not be taken any further. Is that in fact the case?

The driver has indicated that they were unable to pay as the online facility was not working and they were not alone as they know of someone else who also tried to pay at the same time but couldn’t and has since received a similar notice. This seems like mitigating circumstances but it seems pointless even appealing if the registered keeper will not suffer any consequences for this parking “offence”.

If for any reason, as the registered keeper, I decided to pay the excessive £60 charge I have exceeded the 14 days specified as I was away for 3 weeks! I assume that could be challenged if need be?

Any advice would be appreciated. Thank you.

[ostell]

Search the forums, both here and on Pepipoo for Falmouth and determine if the area you parked was subject to byelaws. Mitigation will not be accepted.

There is no keeper liability if byelaws apply. It will help if you can show that you could not have been the driver at the time.

[Andrew 12345]

Thanks. I actually work abroad so I can show I wasn’t even in the country!
I’ll have a look through the posts regarding the bylaws.

[charitynjw]

Falmouth Harbour Byelaws
(Refer s42)

Unauthorised parking of vehicles
42.
(1) Any person leaving a vehicle in a parking place on harbour premises shall display on that vehicle a ticket issued by the Commissioners authorising the parking of that vehicle during such time as may be specified on that ticket.
(2) A person shall not leave a vehicle in a parking place on the harbour premises for longer than the time specified on the ticket issued in respect of that vehicle

https://www.falmouthharbour.co.uk/wp...HC-Byelaws.pdf

[ostell]

Perhaps this?

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

The car park appears to be not relevant land as defined by paragraph 3 of Schedule 4 of The Protection Of Freedoms Act 2012, being subject to Falmouth Harbour Byelaws. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

I was not the driver at the time, indeed being out of the country, and as there is no legal requirement to name the driver at the time and I will not be doing so even if I knew.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc


First class post, with free certificate of posting from any post office.

[Andrew 12345]

I've had a response from the Deputy Harbour Master at Falmouth and he has said that this car park isn't owned or controlled by the Falmouth Harbour Commissioners. I assume this means that the byelaws do not apply.
As this is a parking charge rather than any sort of fine am I legally obliged to disclose the driver's name?
Thank you.

[ostell]

If you can find the map that should be with the byelaws then that could help. Not unknown for authorities to deny byelaws apply and get it wrong, like Liverpool airport.

You are under no legal obligation to identify the driver of your car

Can you post up the PCN suitably redacted.

[charitynjw]

I've had a response from the Deputy Harbour Master at Falmouth and he has said that this car park isn't owned or controlled by the Falmouth Harbour Commissioners. I assume this means that the byelaws do not apply.
As this is a parking charge rather than any sort of fine am I legally obliged to disclose the driver's name?
Thank you.

Haha!
The usual old runaround!
It makes no difference who owns it.
What is important is when (if ever) the byelaws which (probably) would have governed that parcel of land were recinded.
& it is not an easy thing to displace byelaws.

[Andrew 12345]

I've looked through numerous maps and posts and still can't identify if this car park is covered by the byelaws. They have been referred to a lot but no feedback from anyone who has referenced them in relation to being the registered keeper and not the driver.

In the meantime this is the PCN I received and thanks again for the time taken to respond to these posts.

[charitynjw]

It would help to know the entrance & exit times & the date of the alleged contravention.

[ostell]

Yep dates are important.

However that PCN fails to meet the requirements of POFA, 9 (2) (e) is not there in the required form, nor is the period of parking,

So add in this as well as the byelaws issue.

[Andrew 12345]

I think I have enough to write to them now so will pen something over the weekend. Thanks,

[charitynjw]

Entry was at 16:00 on 24/3 and exit at 17:20.
I think I have enough to write to them now so will pen something over the weekend. Thanks,

Was this the car park on the museum grounds?
https://www.rmg.co.uk/national-marit...m/getting-here

If so did you pay for min one hour parking?

[Andrew 12345]

I don’t think anything was paid at all as there was an issue with the app. I wasn’t there so have no idea exactly where the car park is but I have been told there is a Tesco next to it.

[charitynjw]

Was it this one?
https://www.google.com/maps/@50.1510...7i16384!8i8192

There's a Tesco Express there in the background.
& if it is, that's not the museum car park!
(The museum is just around the corner)