2 x parking tickets in one day with misleading signs...

[Redeye]

Hi Guys,
Driver A visited a friend today and parked in the private car park nearby. He advised driver A to park in the area that UKPC do not cover to avoid getting a ticket. Apparently UKPC cover one side of the car park (where it is all clearly sign posted everywhere), the other area (he is not sure who owns it) does not have UKPC signs and instead has their own signs saying "KEEP CLEAR - PRIVATE PARKING - vehicles without permission maybe removed" (see attached sign). He said people always park there and never get a ticket!
Anyway, driver A got two. One in the morning, then another in the afternoon, driver A had moved the car to a different spot but kept the original AM ticket on the windscreen in the hope that they wouldn't put another one on...well they did!
Should we contest this on the basis that there was no UKPC signs present and the signs that were there did not speciify any kind of fine would be levied, or is there a better way to play it?
Many thanks
R

[Redeye]

If anyone has any advice on this it would be much appreciated. Thanks *

[ostell]

Yes, appeal as the keeper, giving name and address, so that it arrives on day 26. You tell them that those signs cannot create a contract between the driver and anyone, never mind UKPC.**

The idea is that they fail to contact the DVLA or issue a NTK before day 56, either of which means they cannot transfer liability to the keeper from the unknown driver.

When they repond keep up the letter ping pong until day56

*

[Redeye]

Thanks Ostell.

One slight issue is that it was in a hire car.

Maybe we should contact the hire car company so they don't just pay it and then charge us (has happened before). Let them know to expect a notice and to pass on my details as the hirer when they receive it so we can deal with them directly?

They usually send these letters later than the date they are meant to so hopefully by the time the letter comes it will be an easy appeal.

[ostell]

Still send that appeal. As I said they may just talk to you and not issue a NTK or contact the DVLA.

Also write to the hire company and warn them and tell them not to pay the invoice as it is not a fine or a penalty and identify you as the hirer to remove any liability from themselves.

The hire company cannot name the driver at the time, they were not there. They can only name the hirer/keeper.

If you are named as the hirer then UKPC have to send you a Notice to Hirer AND include a copy of the original NTK and hire agreement. They usually fail on the inclusions and therefore the hirer cannot be held liable. POFA paragraph 14.

So edit your posts so that the identity of the driver cannot be inferred, use "the driver.........." etc.

[Redeye]

Excellent....thanks very much. I'll let you know how I get on*