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Hello
Wondering if someone could please help.
Received a PCN from a private parking firm named PCM.
I appealed withing 14 days with the letter below:
I would like to inform you that I was not the driver of the vehicle at the time of issuing this parking ticket.
You have failed to comply with the requirements of schedule 4 of the Protection of Freedom Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the act. You have failed to give invitation to keeper required by 9 (2) (e) of the same act.
You cannot therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.
There is no legal requirement to name the driver at the time and i will not be doing so.
I do not expect to hear from you again, or your debt collector, except to confirm that no further action will be taken on this matter and my personal information has been removed from your records, in accordance with the Data Protection Act 2018.
I then received a refusal letter stating:
Unfortunately we are not able to process your appeal as you appear to be a third part making representation on behalf of the driver. For the avoidance of doubt, the term 'driver' is used to mean the individual who parked the vehicle in the position which the PCN was issued.
This conclusion may have beeb reached for a number of different reasons. For example:
* You explicitly stated that you are appealing on behalf of the driver (?)
* You have referred solely to the driver without clarity on whether this is yourself.
* You have referred to 'we' and as such, it is unclear whether you, as the individual submitting the appeal, were the driver
* You have stated that you are the registered keeper and are not prepared to disclose who was driving, but the DVLA data we hold does not corroborate this
* It is otherwise unclear what your relationship with the vehicle is
In order for us to process the appeal, you have a number of options:
1. if you were the driver of the vehicle, please submit another appeal on the website advising of such
2. If you were not the driver of the vehicle, either
The driver will need to submit a new appeal; or
The driver will need to provide signed authority for you to act on their behalf.
Please provide this information without undue delay within 14 days of the date of this letter. If you are unable or unwilling to disclose the information requested, the charge will continue progressing through the normal route of recovery. This may include the acquisition of DVLA data
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Could someone help me respond to this?
I never stated I was appealing on behalf of the driver.
I clearly stated that I was not the driver of the vehicle at the time.
I never referred to 'we'.
I feel they are just scaremongering at this point
Could someone please help?
Wondering if someone could please help.
Received a PCN from a private parking firm named PCM.
I appealed withing 14 days with the letter below:
I would like to inform you that I was not the driver of the vehicle at the time of issuing this parking ticket.
You have failed to comply with the requirements of schedule 4 of the Protection of Freedom Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the act. You have failed to give invitation to keeper required by 9 (2) (e) of the same act.
You cannot therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.
There is no legal requirement to name the driver at the time and i will not be doing so.
I do not expect to hear from you again, or your debt collector, except to confirm that no further action will be taken on this matter and my personal information has been removed from your records, in accordance with the Data Protection Act 2018.
I then received a refusal letter stating:
Unfortunately we are not able to process your appeal as you appear to be a third part making representation on behalf of the driver. For the avoidance of doubt, the term 'driver' is used to mean the individual who parked the vehicle in the position which the PCN was issued.
This conclusion may have beeb reached for a number of different reasons. For example:
* You explicitly stated that you are appealing on behalf of the driver (?)
* You have referred solely to the driver without clarity on whether this is yourself.
* You have referred to 'we' and as such, it is unclear whether you, as the individual submitting the appeal, were the driver
* You have stated that you are the registered keeper and are not prepared to disclose who was driving, but the DVLA data we hold does not corroborate this
* It is otherwise unclear what your relationship with the vehicle is
In order for us to process the appeal, you have a number of options:
1. if you were the driver of the vehicle, please submit another appeal on the website advising of such
2. If you were not the driver of the vehicle, either
The driver will need to submit a new appeal; or
The driver will need to provide signed authority for you to act on their behalf.
Please provide this information without undue delay within 14 days of the date of this letter. If you are unable or unwilling to disclose the information requested, the charge will continue progressing through the normal route of recovery. This may include the acquisition of DVLA data
--------------------
Could someone help me respond to this?
I never stated I was appealing on behalf of the driver.
I clearly stated that I was not the driver of the vehicle at the time.
I never referred to 'we'.
I feel they are just scaremongering at this point
Could someone please help?
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