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**WON** Local Parking Security - PCN

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  • **WON** Local Parking Security - PCN

    Hi All,

    I parked my car and ran across the road to the ice cream shop to get change for the machine which is about 30ft from the car. I ran back out when I saw the man with a device around my car, and told him Im here with change, as i was telling him I'd just ran to get change, he was tapping away and then printed a ticket and stuck to my car. I told him that I was right there and he told me I hadn't a valid ticket yet I was in front of him?! How can they expect me to get to the ticket machine in time?!

    I looked at the ticket and he told me "it's too late, I've already processed it, you'll have to call up on Monday" - I didn't and ignored it as I know what these companies are like (having been to court and WON - yay, my case in FEB for a different occurrence).


    -----------------


    I have received a letter from Local Parking Security Ltd dated 9th September 2017. I have attached the letter, I then sent a return letter being careful not to identify the driver etc. Within 48 hours I have since received their response to my letter (their 2nd letter).



    What is my next stage and do you think I can win this?
    Attached Files
    Tags: None

  • #2
    Re: Local Parking Security - PCN

    Hiya

    You are right, they are wrong.

    Keep on not ID'ing the driver.

    I also suspect (but don 't know for sure) that the pier is covered by byelaws...if so it's not 'relevant land' for the purposes of PoFA.

    Also, #8 in this might be worth investigating.
    https://www.mumbles-pier.co.uk/2016/...-mumbles-pier/
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Local Parking Security - PCN

      Are you sure you only went for change and not to do the "Mumbles Mile" ? lol

      Comment


      • #4
        Re: Local Parking Security - PCN

        Originally posted by charitynjw View Post
        Hiya

        You are right, they are wrong.

        Keep on not ID'ing the driver.

        I also suspect (but don 't know for sure) that the pier is covered by byelaws...if so it's not 'relevant land' for the purposes of PoFA.

        Also, #8 in this might be worth investigating.
        https://www.mumbles-pier.co.uk/2016/...-mumbles-pier/
        Great, should I use #8 as a secret weapon if it does go to court? How should I next proceed, what should I now be doing? If I should be writing back, now how should I structure this response and what is the content?

        cheers for the help!

        - - - Updated - - -

        Originally posted by des8 View Post
        Are you sure you only went for change and not to do the "Mumbles Mile" ? lol
        Lol, teetotal! No way just a nice afternoon stroll!

        Comment


        • #5
          Re: Local Parking Security - PCN

          Have you had any news re byelaws?
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: Local Parking Security - PCN

            I haven’t done anything, not sure what I should be doing now?

            Comment


            • #7
              Re: Local Parking Security - PCN

              Out of interest, do you still have the original windscreen PCN.....if so could you post it up here?
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: Local Parking Security - PCN

                Originally posted by charitynjw View Post
                Out of interest, do you still have the original windscreen PCN.....if so could you post it up here?

                Here's the original ticket, cleaned of course.
                Attached Files

                Comment


                • #9
                  Re: Local Parking Security - PCN

                  The windscreen PCN does not show a period of parking. This is a mandatory requirement of PoFA 2012 Schedule 4, 7(2)(a)
                  7

                  (1) A notice which is to be relied on as a notice to driver for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.


                  (2) The notice must—



                  (a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
                  http://www.legislation.gov.uk/ukpga/...dule/4/enacted

                  A Notice to Keeper relies on a correctly issued Notice to Driver. (Windscreen PCN)
                  They therefore cannot transfer liability to the registered keeper & so must pursue the driver.
                  If they can find that person.
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: Local Parking Security - PCN

                    It does and a time but I’ve taken it off. Have I cleaned it too much?

                    - - - Updated - - -

                    Originally posted by charitynjw View Post
                    The windscreen PCN does not show a period of parking. This is a mandatory requirement of PoFA 2012 Schedule 4, 7(2)(a)

                    http://www.legislation.gov.uk/ukpga/...dule/4/enacted

                    A Notice to Keeper relies on a correctly issued Notice to Driver. (Windscreen PCN)
                    They therefore cannot transfer liability to the registered keeper & so must pursue the driver.
                    If they can find that person.

                    it does have the date/time and location in the form of a code but I’ve cleaned them for privacy. What should I be doing next. Should I be corresponding and if so what should I be saying? Cheers.

                    Comment


                    • #11
                      Re: Local Parking Security - PCN

                      Does it show a period of parking (ie from time Y to time Z), or does it just state a time of day?
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Re: Local Parking Security - PCN

                        Originally posted by charitynjw View Post
                        Does it show a period of parking (ie from time Y to time Z), or does it just state a time of day?

                        Just date and time. Doesn’t state any period from to etc.

                        Comment


                        • #13
                          Re: Local Parking Security - PCN

                          Exactly my point.
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb


                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.


                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #14
                            Re: Local Parking Security - PCN

                            Originally posted by charitynjw View Post
                            Exactly my point.

                            Ok, so what should I now be doing?! And if so what do I say?! Thanks for your advice.

                            Comment


                            • #15
                              Re: Local Parking Security - PCN

                              If it were me I'd write back to LPS, refer them to your original letter, state again that the Notice to Keeper is not compliant with PoFA (but don't tell them why) & demand that they either drop their claim or supply a POPLA code.
                              Get proof of posting/sending.
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment

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