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My husband parked our car in a managed car park for 20 mins and didn't buy a ticket. He says he didn't see signs (there are signs). The PCN was sent to my brother in law as the registered keeper which we now have. We've yet to respond. We've missed the reduced fee as the notice was sat for ages at my BIL's house which has contractors in. How best to respond? Are there any key phases I should use? The charge seems highly disproportionate to what the ticket would have cost and I understand this isn't a fine per se. Thanks in advance.
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Re: PCN Premier Parking
images of actual PCN postedAttached Files -
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Re: PCN Premier Parking
So was the PCN addressed to the BIL and he has named the driver? If he has not named the driver then as the keeper he would not have been liable and it is not neccessary to name the driver.Comment
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Re: PCN Premier Parking
Yes [MENTION=39331]ostell[/MENTION] it was. Driver has not been named.Comment
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Re: PCN Premier Parking
If there was no windscreen ticket then if this was the first letter received then it is too late (more than 14 days) to hold the keeper liable. The keeper should write to them pointing out this POFA failure, amongst many, state he is the registered keeper and not driving and they should go away and he does not expect to hear from them again.
They do not seem to be really trying to invoke POFA anyway.
It was the statment "You have been named as the driver" which threw me.Comment
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Re: PCN Premier Parking
Ah,.. hang on. If the car is leased, how does that change things. My BIL is the lessee but wasn't the driverComment
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Re: PCN Premier Parking
It does change the timings somewhat. I would think that those timings are within the time allowed, it's in POFA. Don't forget that the BIL is still the keeper, just not the registered keeper.
In a case like this, basically a hire car, then the parking company have additional items to comply with, namely the inclusion of portions of the hire documents with the notice. The details of these are in POFA paragraphs 13 & 14 . Miss the items required and it is not a valid notice to keeper. From these sections you can also work out the timings, though I think they are correct.
Your BIL writes to premier as the keeper stating that he was not the driver at the time of the alleged contravention and they have failed to conform with the requirements of POFA, namely, but not limited to, paragraph 14 and therefore cannot be held liable.
(That's presuming the documents weren't enclosed, normally they are not).
Wait for others to comment.Comment
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Re: PCN Premier Parking
No other documents were sent. Thanks.Comment
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Re: PCN Premier Parking
http://legalbeagles.info/forums/show...ket-on-vehicle
Remove paragraph 9 and insert he didn't see the signs in the correct place..
This should be a shoe in when it gets to popla.
M1Comment
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Re: PCN Premier Parking
And he is not the registered keeper, only the keeper.Comment
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Re: PCN Premier Parking
Reply from appeal:
Re: Parking Charge Notice XXXXX
We write to acknowledge receipt of your recent online appeal, on behalf of the driver, appealing against the issuing of a Parking Charge Notice (PCN) to the vehicle.
We note your comments and must refer you to the Protection of Freedoms Act (PoFA) 2012, Schedule 4 - Recovery of unpaid Parking Charges. This is available to view online at:
http://www.legislation.gov.uk/ukpga/2012/9/schedule/4
We must therefore request that the details of the driver of the vehicle at the time of the contravention are supplied; this must include their full name and serviceable UK postal address. If you are unwilling or unable to provide these details the registered keeper of this vehicle will remain liable for this PCN. This information should be provided by 1st May 2017. Please note, Premier Park Limited will not reply to any correspondence until after the above date, if the requested information is not provided.
If we do not receive this information by the date given, the registered keeper of the vehicle at the date of event will be held liable.
If you would like to view our photographic evidence, please visit www.pcnpayments.com
Please respond by return or by filling in the Transfer of Liability form on the reverse of the PCN and posting it to Premier Park, PO Box 624, Exeter, EX1 9JG.Comment
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Re: PCN Premier Parking
I wonder how many people are stupid enough to name the driver ?
Sit tight.
M1Comment
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Re: PCN Premier Parking
Obviously not giving driver details. Do I need to request Popla code?Comment
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Re: PCN Premier Parking
Not unless the forthcoming rejection doesn't supply one.
M1Comment
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Re: PCN Premier Parking
Ah ok. So I'm waiting for an official rejection to my appeal. Got it. Thank you. That'll be mid-May then.Comment
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