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#Post#: 51054--------------------------------------------------
Parked on Red lines Retail park
DIR By: cyril
Date: December 26, 2024, 9:37 am
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Hi Guys
My Friend got a letter through the post today and he is a Taxi
driver and he had old lady as a passenger and she was
vulnerable. She told the taxi driver wanted to go to Pet shop
and if you can just drop me off near the shop , so I can pick up
my order which took 5 Min 27 seconds.
However now my friend has received a letter through the post and
has to pay the fine of £60 or £100 after 14 days.
Parking charge date 17/12/2024
Does he have to pay the fine or is there a chance of appeal, as
he only parked there to drop her off due old age and she said
she won’t be long.
[attachment deleted by admin]
#Post#: 51059--------------------------------------------------
Re: Parked on Red lines Retail park
DIR By: b789
Date: December 26, 2024, 10:47 am
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No one pays a penny to UKPC if they follow the advice we give.
It will take many months of reminders and letters from useless
debt collectors and an eventual debt claim in the county court.
There will be no hearing in court. The amount claimed will be in
the region of £280 by the time the claim is issued. However, as
long as your friend, the Keeper of the vehicle, follows the
advice we provide, UKPC will eventually discontinue the claim
and that will be the end of the matter.
This is a well trodden path that we are very familiar with. UKPC
and their bulk litigator, DCB Legal, work on the assumption that
the recipient of their Parking Charge Notice (PCN) is
low-hanging fruit on the gullible tree and will capitulate and
pay up once the threaten litigation. This is expected by them
because most drivers/keepers are ignorant of the law and their
rights.
What has been received by your friend is not a “fine” and it
shouldn’t be referred to as such. It is merely a speculative
invoice issued by an unregulated private parking company for an
alleged breach of contract by the driver, whose identity they
don’t know.
The £40:”mugs discount” should be ignored. It is there to
persuade the gullible that don’t know any better that it is
worth it for them to pay the reduced amount because they have no
idea how to fight these scammers.
So, for now, here is the simple appeal our friend should make to
UKPC but only as the Keeper of the vehicle. Remember, UKPC has
no idea who the driver is and the Keeper is under no legal
obligation to identify the driver. Tell your friend not to
select anything that suggests the appellant is the driver. They
are appealing only as the Keeper:
--- Quote ---
> Easy one to defeat... as long as the unknown drivers identity
is not revealed. There is no legal obligation on the known
keeper (the recipient of the Notice to Keeper (NtK)) to reveal
the identity of the unknown driver and no inference or
assumptions can be made.
>
> The NtK is not fully compliant with all the requirements of
PoFA which means that if the unknown driver is not identified,
they cannot transfer liability for the charge from the unknown
driver to the known keeper.
>
> Use the following as your appeal. No need to embellish or
remove anything from it:
>
> [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. UKPC 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.
UKPC have no hope at POPLA, so you are urged to save us both a
complete waste of time and cancel the PCN.
--- End Quote ---
[/quote]
The initial appeal will be rejected as will any secondary appeal
to POPLA. They will then send reminders and useless debt
collector letters, which we don’t need to see and our friend
must ignore or use as kindling. Eventually a Letter of Claim
(LoC) will be issued followed by an actual N1SDT Claim Form from
the CNBC. This cannot be ignored and we will provide all the
advice necessary on how to defend the claim.
At some stage the case will be transferred to your friends local
county court. It will likely take many months before anything
else happens. However, shortly before they have to pay the trial
fee, they will discontinue the claim and it will be over.
#Post#: 51083--------------------------------------------------
Re: Parked on Red lines Retail park
DIR By: DWMB2
Date: December 27, 2024, 6:14 am
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The advice above from b789 is sound. The only thing I would add
is, if you're assisting your friend, be sure to communicate to
him exactly what we advise. There's always a risk when a "middle
man" is involved that something goes awry.
#Post#: 51131--------------------------------------------------
Re: Parked on Red lines Retail park
DIR By: cyril
Date: December 27, 2024, 4:00 pm
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Thank you for your reply
I have fowarded him the message and I will call him how he wants
to proceed.
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