**WON** Local Parking Security - PCN

[Fackers]

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).

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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?

[charitynjw]

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/

[des8]

Re: Local Parking Security - PCN

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

[Fackers]

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/

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 - - -

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!

[charitynjw]

Re: Local Parking Security - PCN

Have you had any news re byelaws?

[Fackers]

Re: Local Parking Security - PCN

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

[charitynjw]

Re: Local Parking Security - PCN

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

[Fackers]

Re: Local Parking Security - PCN

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.

[charitynjw]

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.

[Fackers]

Re: Local Parking Security - PCN

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

- - - Updated - - -

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.

[charitynjw]

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?

[Fackers]

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?

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

[charitynjw]

Re: Local Parking Security - PCN

Exactly my point.

[Fackers]

Re: Local Parking Security - PCN

Exactly my point.

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

[charitynjw]

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.