BPA appeal fine but no signage

[Guest]

Can I get some advise please. I, the registered keeper received a parking ticket, on my windscreen, from Elite parking. They claim that the driver was causing an obstruction, while parked on a communal area that is not covered by the parking permit scheme. No car parked on this land is required to have a permit, therefore EPM, have no authority to issue a PCN.

In addition, there were no signs where the signs where the driver parked as mentioned above, it was an unregulated area.

if you have any legal advise it will be much appreciated.

[ostell]

So can you get pictures of the signs in the car park

[Guest]

[Guest]

That's the sign in a different location, and where the driver parked which is away from those bays, there are no signs. The driver parked here because it is somewhat a drive way. Hence none of the cars on that land had a permit and are not permitted to display one.

[ostell]

Edit your post so that the identity of the driver cannot be inferred, use "the driver...." etc

So appeal as the keeper who has been handed the notice so that it arrives on day 26 after the date on the ticket. Complain about lack of signage , no authority etc. any thing you can think of.

The intention is to get them to continue to converse with you without issuing a Notice to Keeper nor contacting the DVLA. Either of which is a POFA fail and they cannot hold the keeper liable

[Guest]

Sorry I don’t completely understand. They said if I do not appeal within 14 days I will not be eligible for the discount penalty. So are you saying don’t appeal within the 14 days and hold off until 26th day ? What does POFA fail mean

[ostell]

Can you read some of the other parking threads please

POFA = schedule 4 of the Protection of Freedoms Act 2012

So if you want the discount then pay it now.

[Guest]

ostell thank you for forwarding that legislation and I’ve had a read of other posts from members, who have argued the protections of freedoms act. I understand now.

can I ask for your advice...I have been given to options to appeal by mail or online both options will require me to state my name and address. Will I implement myself if I provide my name and address when I complete the form online. Or will they still need to apply to the DVLA for a notice to driver?

the 28th day falls on the Sunday so I fear that they will not receive my letter if it is sent tomorrow.

Stupid question I know but I just wanted to clarify

[ostell]

I said send it it so that it ARRIVES on day 26, not sent on the 26th day. You will have to do it online, taking care that any drop downs don't default to the driver, you are the keeper. Take a screen grap of each page

Of course you need to give your name address so that they can respond to you, the keeper. They are still required to get details from the DVLA

[Guest]

[Guest]

This was their response. They did not specifically direct this letter at the driver so does this mean the protection of freedoms act is no longer viable to argue.

[ostell]

So did you send it to arrive on day 26 and what did you say?

What was the date of parking?

and why haven't you edited?


Edit: Looks like the event was the 15/11 so as this is a windscreen ticket they have to issue a Notice to Keeper to arrive by day 56 to be able to hold the keeper liable when they don't know the identity of the driver. My calculations give till 10/01, Please calculate yourself.

you must edit so the driver is not identified, no I, we, the wife, son, just the driver. The query of the DVLA can only give the keepers name, they cannot write to the driver because they don't know the driver, unless you've told them. They have given you till 15/01 to respond. Could be a problem for them.

If there is no valid Notice to Keeper issued within 56 days then they can be told where to go.

Parking Companies have been known to print out threads from forums to identify the driver in court so EDIT.

[Guest]

Yeah, I sent it so that arrived on the 26th day.

the date of the parking ticket was 15/11

[ostell]

Look at the blue line at the bottom of your post, to the right, and you will see "edit".

[Guest]

Thanks all done