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#Post#: 26688--------------------------------------------------
Car Park paid using an app - wrong car selected
DIR By: FrqntCarUser
Date: June 19, 2024, 5:26 am
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Hello All,
The Keeper has two cars in the household. Driver parked the car
in one of London Barnet train stations.
Two applications are used on this car park, Saba and PayByPhone.
Car park has paid using the PayByPhone Application but of the
two registered vehicles in the application the wrong car was
selected.
Keeper has now received a Notice of Parking Charge to R.K. from
Saba.
There is a correlation between the car park date and entry time
on the NPC and payment time on the PBY App receipt - within few
minutes.
All matches, except obviously the car model/reg number - as the
wrong car was selected in the application.
Keeper would like to know if there is any point of trying to
fight the ticket, any chance of winning a dispute and not
wasting time and not wasting time.
The scan of the Notice of Parking Charge to registered keeper
has not been uploaded as it's been assumed it's a standard one.
The issue is the payment has been done using the application but
wrong car had been selected in the application.
If the scan is required, please do let me know.
#Post#: 26695--------------------------------------------------
Re: Car Park paid using an app - wrong car selected
DIR By: DWMB2
Date: June 19, 2024, 6:03 am
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To help us to help you, please read the following thread
carefully and provide as much of the information asked for as
possible: READ THIS FIRST - Private Parking Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
It is the keeper who has received the notice to keeper, and the
keeper who'll be handling any appeals.
#Post#: 26857--------------------------------------------------
Re: Car Park paid using an app - wrong car selected
DIR By: Dave65
Date: June 20, 2024, 4:20 am
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Post up a copy of the PPN with personal details redacted.
This could be a case of a VRN input error and there is a appeal
for this and could be at a reduced amount.
#Post#: 26859--------------------------------------------------
Re: Car Park paid using an app - wrong car selected
DIR By: DWMB2
Date: June 20, 2024, 4:26 am
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--- Quote from: Dave65 link ---
>
> This could be a case of a VRN input error and there is a
appeal for this and could be at a reduced amount.
>
--- End Quote ---
Given it's a train station and therefore potentially
non-relevant land for PoFA purposes there's possibly an even
better appeal.
#Post#: 26862--------------------------------------------------
Re: Car Park paid using an app - wrong car selected
DIR By: b789
Date: June 20, 2024, 4:50 am
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Without seeing the NtK, it is difficult to advise properly. If
the station is owned by TfL or any other train operator, then it
is likely to be land under statutory control, i.e. bylaws.
As it’s Saba that have issued it, it could be either a Penalty
Notice (PN) or a Parking Charge Notice (PCN). Either way, under
no circumstances should the drivers identity be revealed. All
communication/appeals should be as the keeper.
As it is likely to be an invoice to the known keeper informing
them that the unknown driver is liable, the fact is that they
cannot rely on the provisions of PoFA to transfer the unknown
drivers liability to the known keeper.
Because the unknown driver is always liable, the only way they
can be identified is if the known keeper tells Saba,
inadvertently or otherwise.
As the known keeper is under no legal obligation to identify the
unknown driver, Saba are in a Catch 22 situation. They are
hoping that the known keeper is low-hanging fruit on the
gullible tree and will simply pay the unknown drivers charge or
reveal the drivers identity, thus changing the liable party from
unknown to known.
The next question is whether the NtK is a PN or a PCN. If the
former, it will time out after 6 months. If the latter, Saba can
try and take it all the way to court for up to 6 years after the
parking event. More importantly, only the unknown driver can be
liable unless the known keeper has identified themself to also
having been the driver. Hence the advice not to identify the
driver.
OP, do you see where we are going with this? Whatever mitigation
you put forward, solely as the known keeper, does not matter as
long as Saba cannot transfer liability to you, which they can’t,
because they cannot rely on the provisions of PoFA to do so.
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