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#Post#: 20406--------------------------------------------------
Re: Dockside Rd Car Park. PPM private parking management. reason
parked without displaying a valid permit a
DIR By: cyril
Date: April 23, 2024, 11:49 am
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I have just checked the Street view again and i can see lot of
signs in the carpark, but he must of went Saturday so may be
busy i don't know.
He just forgot to pay and he had the windscreen ticket already
on his car windscreen.
#Post#: 21279--------------------------------------------------
Re: Dockside Rd Car Park. PPM private parking management. reason
parked without displaying a valid permit a
DIR By: cyril
Date: May 2, 2024, 4:11 am
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This is the response he got the registered keeper as he gave the
driver details and the below response he got.
Is there anything he needs to do or just wait for debt recovery
and pass the driver details or appeal on behalf of the driver,
as mentioned below.
Thank you.
Thank you for your online email submission, dated 25.04.2024, in
respect of the above PCN.
At this stage in the process we are unable to effect a transfer
of liability on the PCN as we are not in possession of the
vehicle's registered keeper's details.
An application for the vehicle's registered keeper's details
will not be made until the unpaid PCN has been passed along to
our appointed debt collection agency, who then contact the DVLA
and commence debt recovery action. It is at this stage that a
transfer of liability can be requested (within 28 days of the
first debt recovery letter), although the PCN will have incurred
additional debt recovery costs.
If you wish to make an appeal against the PCN on behalf of the
driver, please respond by return of this email - stating your
reasons for appealing - within the next FIVE days.
We confirm that whilst we are awaiting your response the Parking
Charge Notice is put on hold at the amount it was at when your
email was received.
Regards,
#Post#: 21337--------------------------------------------------
Re: Dockside Rd Car Park. PPM private parking management. reason
parked without displaying a valid permit a
DIR By: H C Andersen
Date: May 2, 2024, 12:26 pm
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IMO, strictly speaking the PCN Notice to Driver does not meet
the conditions specified in paras. 7(2)(b) and 7(2)(c) and
therefore para. 6(1)(a) and thereby para. 4(2)(a) of Schedule 4
to the Protection of Freedoms Act 2012.
Consequently, the creditor does not have 'the right to recover
any unpaid parking charges from the keeper of the vehicle.'.
The reason for non-compliance of the PCN with mandatory
requirements is that it does NOT specify the time period for
payment of the parking charge because it gives two different
periods. The first, on the front of the PCN, states:
A PARKING CHARGE IS DUE WITHIN 28 DAYS OF THE ISSUE DATE,
whereas the first para. on the rear states:
PAYMENT - the driver of this vehicle must pay the parking charge
of £100 within a 28-day period, starting on the date of this
notice.
'Within 28 days of the issue date' does not carry the same
meaning as 'within a 28-day period starting on the date of this
notice'. The former gives an extra day.
As I understand it, unless stated to the contrary the meaning of
'within 28 days of X date' excludes that date. I believe there
is case law to this effect.
Failure to comply with the above conditions provides grounds for
the registered keeper to appeal successfully.
In my opinion.
#Post#: 21369--------------------------------------------------
Re: Dockside Rd Car Park. PPM private parking management. reason
parked without displaying a valid permit a
DIR By: DWMB2
Date: May 2, 2024, 4:59 pm
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Can we please clarify from your previous post exactly what's
happened so far. I think I know what's happened but it isn't
entirely clear. Is this the case:
- The driver received a parking charge notice on the car
windscreen
- Rather than deal with this notice themselves, they gave it to
the Registered Keeper of the vehicle
- The registered keeper responded to the notice directly,
apparently providing the name and address of the driver*
- The keeper received the response outlined in your previous
post
*What exactly did the keeper send to PPM? Exact wording if
possible, not a summary.
#Post#: 21437--------------------------------------------------
Re: Dockside Rd Car Park. PPM private parking management. reason
parked without displaying a valid permit a
DIR By: cyril
Date: May 3, 2024, 9:08 am
---------------------------------------------------------
Thank you for your reply.
This what the registered Keeper sent,
Now the parking company said need to wait for Debt recovery if
the fine is not paid, as they need to contact Dvla for
registered keeper details , but he has already confirmed he is
the registered keeper and also provided the driver details and
service address.
Tuesday 23rd April 2024
Private Parking Management
88 Dorset House
Duke Street.
Chelmsford,
Essex,
CM1 1TB .
Dear Sir or Madam,
Parking Charge Notice number: 105780xx
Vehicle registration number: xxxxxxx
I am the registered keeper of the above vehicle.
I am taking this opportunity to notify you of the driver at the
time of the alleged incident.
Driver Name: xxxxxx xxxxx
Serviceable address:
Xxx xxxxxxxxx xxxxxx
Xxxxxx
Xxx xxx
You now have full details of the driver and condition 5 (1) (b)
of schedule 4 of the Protection of Freedoms Act 2012 is no
longer true and the keeper cannot be held liable for the actions
of the driver.
There is no time limit to provide this information, bar the
commencement of legal procedures.
As there is now no keeper liability I do not expect to hear from
you or your agents again other than to confirm there will be no
further action against me on this matter.
Yours Faithfully
#Post#: 21442--------------------------------------------------
Re: Dockside Rd Car Park. PPM private parking management. reason
parked without displaying a valid permit a
DIR By: b789
Date: May 3, 2024, 10:09 am
---------------------------------------------------------
Oh dear... as this was a windscreen NtD, an appeal should have
not been made until around day 25 or 26 after the NtD was
issued. All the keeper had to do was send a generic "no keeper"
liability appeal in order to tie them up in a period when they
should be sending out an NtK. Many PPCs in the BPA omit any NTK
when replying to an appeal and the very fact a PPC forgets to
send you a NtK by day 56, gives you a winning point at POPLA.
So, now the driver has been thrown under the bus and will
probably end up paying when it could easily have been avoided if
the keeper had just followed the above process.
#Post#: 21476--------------------------------------------------
Re: Dockside Rd Car Park. PPM private parking management. reason
parked without displaying a valid permit a
DIR By: cyril
Date: May 3, 2024, 3:09 pm
---------------------------------------------------------
Thank you for your reply.
I did not receive the response for the Forum, so i told him you
will just need to send this letter template i had and name the
driver, so the Liability transfer to the Driver not the
Registered keeper.
NtD meaning is to Notice to the Driver.
He was just worried and concern he had to reply within 14 days,
otherwise he has to pay £100.00, so he wanted to reply to the
parking firm.
I never know about the Many PPCs in the BPA omit any NTK when
replying to an appeal and the very fact a PPC forgets to send
you a NtK by day 56.
So now the Driver will be responsible now, not the Registered
keeper ?
The below if the DRIVER contest the appeal, can he mentioned the
below to win the appeal ?
The reason for non-compliance of the PCN with mandatory
requirements is that it does NOT specify the time period for
payment of the parking charge because it gives two different
periods. The first, on the front of the PCN, states:
A PARKING CHARGE IS DUE WITHIN 28 DAYS OF THE ISSUE DATE,
whereas the first para. on the rear states:
PAYMENT - the driver of this vehicle must pay the parking charge
of £100 within a 28-day period, starting on the date of this
notice.
'Within 28 days of the issue date' does not carry the same
meaning as 'within a 28-day period starting on the date of this
notice'. The former gives an extra day.
As I understand it, unless stated to the contrary the meaning of
'within 28 days of X date' excludes that date. I believe there
is case law to this effect.
Failure to comply with the above conditions provides grounds for
the registered keeper to appeal successfully.
In my opinion.
#Post#: 21477--------------------------------------------------
Re: Dockside Rd Car Park. PPM private parking management. reason
parked without displaying a valid permit a
DIR By: b789
Date: May 3, 2024, 3:51 pm
---------------------------------------------------------
The argument about the 28 days and PoFA is gone because the
drivers identity has been provided to PPM. PPM are now in scam
mode and have passed this on to their DRA. Whether it is the DRA
or PPM who apply to the DVLA for the keeper details will matter
not. They are going to increase the demand to £160 or £170.
The keeper is going to have to deal with the outcome. I doubt
they will issue a POPLA code as they are going to say it is
beyond the appeal date. If so, the keeper can try and get PPM to
chase the driver but they are still going to try and extort the
DRA added fee.
Personally, I would ignore all DRA letters and just wait and see
if/when they send a Letter of Claim. The only truly independent
arbiter will be a judge. Perhaps wait and see what the cooler
heads on the forum suggest.
#Post#: 21485--------------------------------------------------
Re: Dockside Rd Car Park. PPM private parking management. reason
parked without displaying a valid permit a
DIR By: cyril
Date: May 3, 2024, 5:24 pm
---------------------------------------------------------
Thanks I will await Any further replies from the forum.
Who is now liable is it the driver or Registered Keeper?
They have the details of the driver and Registered Keeper.
Do they still chase the registered keeper, if the driver does
not pay ?
#Post#: 21725--------------------------------------------------
Re: Dockside Rd Car Park. PPM private parking management. reason
parked without displaying a valid permit a
DIR By: cyril
Date: May 7, 2024, 3:02 am
---------------------------------------------------------
Hi Guys
Registered keeper just messaged me if the driver does not pay or
does not respond to the letter receive from PPM , is the
Registered keeper liable, as if he is he rather pay and ask the
driver you owe me this amount or just leave it as good will to
avoid any issues with his northern relative.
Your response or advice will be appreciated.
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