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Hi, I have just recieved this PCN and I think it is unjustified. It says I was parked at the point where it shows in photo, I think from memory one of us was driving and decided to swa drivers, we were maybe stopped for for 20 seconds. The photo isnt clear at all to show that we were in the car. How long to do have to be stopped for to be considered parked?? We were parked in the parking bays to drop son off at airport then drove off and if my memory is correct we stopped were it shows in pic to change drivers!!! Surely they can`t say we were parked and get away with fining us for that!!! Should I be appealing this, if so, what should I write and say tho them, can I ask for more evidence, i,e clearer picture, video evidence etc. Any help would be appreciated. PCN notice is below.
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It is for dropping off or picking up in a restricted area not parking as far as I can see but one of the experts will be along soon to help!Comment
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We have dropped off and picked up from there loads of times, I dont think it is for that, the photo is very unclear...Originally posted by islandgirl View PostComment
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It clearly says the penalty is for dropping off / picking up in a restricted area - perhaps they have now installed camerasComment
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You could write to them along the following lines:
Dear Sirs,
I am in receipt of your Parking Charge Notice xxxxx for vehicle VRM xxxx., addressed to me, the keeper
You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to specify the period of parking to which this notice applies as prescribed by section 9 (2) (e) of the 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 collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.
Yours etc
Do not identify the driver when communicating with them, or on here
They are unlikely to accept your appeal, and they will pursue you but should give up eventually!Comment
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Thank you for the reply, really appreciate the help. Having not had a PCN before, as the above which you have written worked before??Originally posted by des8 View Post
I am just worried that I am digging a bigger hole for myself, even though I know I am being ripped off. Please don`t think I am questioning you, I am just overly worrying myself, but I definetly dont want to be paying this.And when you say write to them, do you mean appeal?? Also, is this a council PCN or a private company?
ThanksComment
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UK Parking patrol are a private company.
They are unlikely to uphold your appeal, and will writeback asking for cash.
This gives you the opportunity to appeal to the supposedly independent IPA, which you can do, but is a waste of time as they are not truly independent.
The case will then probably be passed to debt collectors, but when you decline to pay, they may even initiate a court claim.
At this point a robust defence could well cause them to discontinue the claim before it reaches court.
Court is always a bit of a lottery, but you do have a good defence but if the judge got out of bed on the wrong side ....
Court costs awarded to the winner are very limited anywayComment
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So would you say appeal with the letter you said above?? Should/can I ask for video evidence because there is no way we were parked in the spot that is on the photo, we may have swapped drivers at that spot.Originally posted by des8 View PostComment
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Or what would happen if I totally ignored the PCN??Originally posted by poolielad View PostComment
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As in post 9:
The case will then probably be passed to debt collectors, but when you decline to pay, they may even initiate a court claim.
At this point a robust defence could well cause them to discontinue the claim before it reaches court.
Up to you what you do!Comment
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I have just looked at the photos online, I now know what they are trying to do me for!!
Hi dropped some off at petrol station at Newcastle airport, we never parked in one of the bays because he was just jumping out and getting his case then we drove off, received a £100 pcn off UK Parking Patrol. On the photo shows us driving into place, the number plate is visible on that, but on the other photo of us stopped and getting case out there is no number plate visible (its a side on view of the car). Just wondering what I should do, should I just take it on the chin and pay the £60 or with the number plate not visible on the one where we are parked, should I appeal/ignore or whatever!!!! I realise its my own stupid fault for not parking in the bay...Comment
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It is entirely your choice.
IMO you have a good chance of winning in court, if it ever gets to an actual hearing. (but court is always a bit of a lottery)
Or you can pay the £60 and avoid the stress and hassleComment
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Ok, I have decided to appeal with the letter you stated above. If I appeal will I lose the 14 day early payment thing? Even though I aint going to pay the fine!!Originally posted by des8 View Post
Also is it worthwhile me putting the clear photos on here to show whatthey are getting me on??
Sorry for so many questions!!Comment
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A photo of the signs may be useful, as well as clear photos of their "evidence"Comment
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