Park With Ease PCN

[Cousin_IT]

Hi All,

I'm sure this topic has been done to death now, but hopefully someone could provide me with some info:

I received a PCN from Park With Ease last week. Reading around the forums I thought I could get out of it by quoting section 4 of the POFA 2012, as the letter was dated 19 days after the alleged incident (nothing posted on car windscreen at the time) However the response I got from Park With Ease was that: "We have not claimed to and are not seeking to use POFA 2012 to pursue the matter, therefore we have no requirement to issue any letters within 14 days."

Further reading around this forum then seems to suggest that if they are not using POFA they cannot transfer liability from the driver to the registered keeper? Should my next gambit then be to remind them of that fact? I am a little more hesitant to go back to them again having seemingly failed on the first attempt.

I can provide a copy of the PCN later this evening when home from work, I just wanted to get the ball rolling as if I do end up having to pay I would like to still be in the '14 day reduced period'

Thanks in advance

[ostell]

True, they don't have to use POFA but then they can only chase the driver, who you are not obliged to name

Contact them again and tell then that as they are not using POFA, which they have failed to comply with anyway, then they should be contacting the driver at the time and not be contacting you, the keeper. Further contact will be harrassment.

If they are BPA then POPLA should support you otherwise just ignore

[Cousin_IT]

Thanks for you timely response Ostell. I have emailed them stating such, and will follow up with any response i receive

Thanks again

[Cousin_IT]

Hi Ostell

Have received the following response from Park With Ease:

"Good Afternoon

We have invited you to inform us who the driver at the time was. We do have images of the vehicle entering the site and should we need to we may choose to get the images enhanced in order to present them as evidence in court should you choose to allow the matter get that far.

Kind Regards"

I guess the obvious question would be do they have the ability to do that, as they no doubt have the images of the car/number plate. Am i allowed to request the images they have? Is that a good idea?

Thanks again

[ostell]

I would call there bluff. ANPR cameras are designed to focus on the number plate and I doubt if there would be a clear image through a windscreem.

You have the PCN. Would you be able to recognise who was driving from the photos you have been given?

Does the PCN show if they are members of the BPA

[Cousin_IT]

Hi Ostell

The PCN doesn't actually include any images at all. I assume i am covered by the freedom of information act in asking for them as they are of my vehicle?

No mention of the BPA on the letter either. Struggling to upload a copy from my phone, will put one up later

Thanks again

[ostell]

They are IPC so an appeal with the IAS would be of no use.

Would be interesting to see what they come back with after a SAR. Make sure you include your VRM in your request

[Cousin_IT]

They have responded with the images. It was a very sunny day, with the reflection on the windscreen I can't even tell if there is anyone in the car let alone who that might be.

Do i then just continue down the line of: "Thank you for supplying the images as requested, as previously stated I suggest you take this up with the driver of the vehicle at that time and me, the keeper?"

[ostell]

Just wait and see what comes next.