DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 48173--------------------------------------------------
NPC - no parking at any time (DYL) - Enderby Wharf SE10
DIR By: Andyjh
Date: December 3, 2024, 6:29 pm
---------------------------------------------------------
The registered keeper has received the attached PCN (this has
been redacted solely to remove personal details as per the
sticky post):
HTML https://imgur.com/a/ZADeyd3
Upon leaving the nearby residents’ car park, where the driver
has parking rights, the driver noticed a mechanical issue and
sound with the vehicle and pulled in safely onto the double
yellow lines whilst they investigated the issue. The hazards
were on for this reason. The driver was stopped briefly for no
more than 1-2 minutes, also exiting the vehicle to inspect. Upon
realising the issue was non-serious, the driver continued on
their journey.
The registered keeper has now received the attached PCN for
parking, which notes that the observation period of the vehicle
was less than 1 minute.
The driver’s position is that they were not parked, they had
stopped momentarily to inspect an issue, it is double yellow
lines (not double reds) which do not prohibit stopping and in
any event stopping is permitted in the event of a potential
mechanical issue.
At present no response has been made by the registered keeper to
this PCN.
I do not have a picture of the no parking signs, but they are
present and are the standard NPC signs. A google street view
link to the location and the signage is here:
HTML https://maps.app.goo.gl/pJ4jjmH3C5L7WoR16?g_st=ic
Please can you let me have your thoughts as to the best course
of action as to next steps. I am happy to provide further
information.
#Post#: 48212--------------------------------------------------
Re: NPC - no parking at any time (DYL) - Enderby Wharf SE10
DIR By: b789
Date: December 4, 2024, 4:18 am
---------------------------------------------------------
Are you sure that is the original Notice to Keeper (NtK) that
has been received? If so, then they cannot hold the Keeper
liable, no matter what wording they have used in it.
By "posting" it any later than 20th November, it could not have
been deemed "given" within 14 days which means that it has not
complied with ALL the requirements of PoFA to be able to
transfer liability to the Keeper if the driver remains
unidentified.
#Post#: 48234--------------------------------------------------
Re: NPC - no parking at any time (DYL) - Enderby Wharf SE10
DIR By: Andyjh
Date: December 4, 2024, 5:38 am
---------------------------------------------------------
Yes, this is the original and only NtK that has been received by
the registered keeper.
On that basis should the registered keeper appeal on NPC website
with the following wording:
"This Parking Charge Notice ("PCN") has been issued to the
registered keeper out of time and is therefore unenforceable as
against the registered keeper. As you will be aware, under the
Protection of Freedoms Act 2012 ("POFA 2012") a parking charge
notice must be issued and deemed received by the registered
keeper of the vehicle within 14 days of the contravention in
order to transfer liability for the PCN to the registered
keeper.
This has not occurred in this instance as the PCN has only been
deemed to have been received on 29 November (19 days after the
date of the contravention). Therefore you cannot transfer
liability to the registered keeper under POFA 2012 as the PCN
does not comply with the requirements of POFA 2012. The
registered keeper is under no obligation to name the driver and
there will be no admission as to who was driving and no
inference or assumptions can be drawn.
As NPC cannot hold the registered keeper liable and the
registered keeper is under no obligation to name the driver,
please therefore cancel this PCN and provide confirmation that
this has been cancelled."
Thank you
#Post#: 48287--------------------------------------------------
Re: NPC - no parking at any time (DYL) - Enderby Wharf SE10
DIR By: b789
Date: December 4, 2024, 10:18 am
---------------------------------------------------------
You can use that or anything that basically tells them to go sit
on a sharp stick and rotate slowly. Here is my usual suggested
response:
--- Quote ---
> I am the keeper of the vehicle and I dispute your 'parking
charge'. I deny any liability or contractual agreement and I
will be making a complaint about your predatory conduct to your
client landowner.
>
> As your Notice to Keeper (NtK) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. NPC has relied on contract law allegations of
breach against the driver only.
>
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency. Your NtK can only hold the driver liable.
NPC have no hope at IAS, so you are urged to save us both a
complete waste of time and cancel the PCN.
--- End Quote ---
As they are IPC members, they are unlikely to accept the appeal
due to intellectual malnourishment and greedy hope that the
Keeper is low-hanging fruit on the gullible tree. Whether the
IAS accept it, is open for debate but worth trying as they
surely can't ignore the obvious, or can they?
#Post#: 48642--------------------------------------------------
Re: NPC - no parking at any time (DYL) - Enderby Wharf SE10
DIR By: Andyjh
Date: December 6, 2024, 9:52 am
---------------------------------------------------------
Thanks for the help. To close this out, the appeal was rejected
by NPC (as you expected, and their response didn’t deal with any
of the substance of the arguments in the appeal) but they
conceded when it went to IAS so it’s now been cancelled.
#Post#: 48643--------------------------------------------------
Re: NPC - no parking at any time (DYL) - Enderby Wharf SE10
DIR By: DWMB2
Date: December 6, 2024, 10:00 am
---------------------------------------------------------
That's a remarkably quick turnaround! Good result.
*****************************************************
Page 1 of 1