PCN overload

[Guest]

Hi there legal beagles! any advice greatly received on this matter please, I'm new to this way of seeking advice but feeling quite desperate not to pay 100's of pounds in fines at the end of a long and hard lockdown.

I've received 3 parking charge notices in the post in 2 days and am worried I may receive more tomorrow. My colleague has received 7 in 2 days as well!

We have been parking in a private car park near work admittedly unlawfully, thinking we could get away with it until receiving a ticket and then stop.

It has been largely empty all through lockdown and we were using it when we couldn't find space on the road or to save abit if cash from the daily parking tickets whenever possible. I used to get the bus to work but since lockdown started and covid fears I drive or cycle.

I had no idea a parking ticket would come through the post and so had no idea i'd been caught until yesterday (3/09/20)

I've received 3 tickets dated 13th Aug, 14th Aug and 25th Aug and on the citizens advice website it suggests that if I havn't received the notice within 14 days of the incident then I dont have to pay them. This is the case for the first 2 dates I was caught out. However I can't be clear on this rule from the code of practice on the IPC website. Can someone confirm this for me? Help me find the right info to try and fight some of these fines.

I feel its unfair that I didn't receive the first PCN for 3 weeks and that they've issued multiple tickets to me and my colleague since then.

I'm happy to pay some sort of fine as I know I was in the wrong but I can't afford multiple fines and feel like they're just really unfair to give out so many tickets without a warning on the windscreen.

Thanks for your time
Trog-girl

[ostell]

It is not in the IPC rules, it is in schedule 4 of the protection of freedoms act 2014, paragraph 9 https://www.legislation.gov.uk/ukpga...dule/4/enacted


No windscreen ticket then had to be delivered within 14 days. 9 (4) But then only if they dont' know the identity of the driver so edit your first post. use "the driver ......"

POFA allows them to claim against the keeper, if they comply, if they don't know the identity of the driver, so don't hint at the driver.

P.S. it's not a fine, it's an invoice for breach of contract

Post up a redacted copy of the PCN, but leave dates.

[Trog-girl]

Hi Ostell, thanks for your reply, I understand that. But how then am I moving forward with this? Are you saying I can use the POFA? and the 14 day thing applies? Or is that now out of date info? I don't fully understand.

What's a redacted copy please? Removing sensitive info?

[ostell]

So now you've told them who the driver was !!

as a guest you can't edit a post so ask the mods to so or delete the thread work with your other thread

redacted = remove any identifying details: name address VRM PCN number

If they know the identity of the driver then they have no need to comply with POFA to hold the keeper. Failing to deliver within 14 days then doesn't matter

[Trog-girl]

I cannot edit the original post

[Trog-girl]

I don't know how to ask the mods

[ostell]

You continue to hint at the identity of the driver despite being asked not to. You can edit posts using the edit button at the right of the blue line at the bottom of your posts.

For the first 2 PCNs then:

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

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 deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) 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.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc

Send seperately using first class post and get a free certificate of posting from a post office

For the third one get photos of the signage please. What is written on the ground in front of the bays?

If they know the identity of the driver, and they are known to read forums, then it is to no avail.

[Trog-girl]

I've edited where possible

[ostell]

As you have received 3 PCNs close together check that they have asked the DVLA for your details 3 times.

email SubjectAccess.Requests@dvla.gov.uk giving your details and car details and request information about who has requested your details and when between the date of the first incident and today.

the parking company are required to ask for each and every incident to comply with POFA

[Trog-girl]

These are the 3 notices, IMG_20200905_200933.jpgIMG_20200905_200902.jpgIMG_20200905_195539.jpg

[Trog-girl]

I've been to the location today IMG_20200906_125445.jpg

[Trog-girl]

Crawfords is the name of a nearby company who use most of the bays IMG_20200906_130116.jpg

[ostell]

So that sign is a forbidding, ie it is saying "Authorised Vehicles only" and not offering a contract to park for unauthorised vehicles. To claim that are contract applies when it is expressly forbidden is perverse. With no contract there can be no breach and the only possible claimant is the landlord for trespass.
But enough of that for the time being.

For the third PCN:

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

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 give notice of keeper liability as prescribed by section 9 (2) (f) 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

As before first class post with certificate of posting.

Continue to contact the DVLA as requested to make sure requests were made 3 times.

[Trog-girl]

Thanks so much, I will try this, and if I receive more this week I will include on same reasoning for 3rd?
I have emailed dvla for info, got an automated response from them saying they are low on staff and only dealing with key workers or urgent issues, I responded claiming it was urgent in dispute of multiple PCN's received.

[ostell]

Depends on the dates or the wording. 9 (2) (f), the warning of keeper liability, in your PCN, is incorrectly referring to driver liability


There are several failures in each PCN. Read POFA paragraph 9, especially 9 (2) on what should and must be there