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#Post#: 52951--------------------------------------------------
PCN - No valid parking session - Reading Thames Valley from Car
Dealership after taking car for a test drive!
DIR By: lilliburlero
Date: January 11, 2025, 8:33 am
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The driver was taking a car out for a test-drive from a car
dealership, with the dealer in the car at the time. Following
the dealer's instruction, the driver returned the car to the
same car park that he collected it from on the Dealership's
property after the test drive was completed. The driver then
purchased the car and left the property. One week after leaving
the property, the driver was given a PCN by ParkMaven which
began half an hour prior to me owning the vehicle until 5
minutes after purchasing the vehicle. Parkmaven demanded bank
statements showing the exact time (date was not enough) that the
vehicle was purchased, although the driver's bank does not store
this information and was unable to contest the appeal. The
dealership stated that they would cancel the PCN, however this
was not done. The driver then received a letter with an
intention to collect on a debt of £170. The case has not yet
been to court.
HTML https://i.imgur.com/ykzLTMP.png
HTML https://i.imgur.com/kNIsHkL.png
HTML https://i.imgur.com/mqb620R.png
HTML https://www.google.co.uk/maps/@51.4599878,-0.934425,3a,85.8y,109.05h,88.66t/data=!3m7!1e1!3m5!1sXtGJ13f3KTOkD-0afmmjyg!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D1.34003520223591%26panoid%3DXtGJ13f3KTOkD-0afmmjyg%26yaw%3D109.04684934696122!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI1MDEwOC4wIKXMDSoASAFQAw%3D%3D
Google maps showing the location. Signage is pretty obvious
however it is private land and I was parked there legally under
my understanding of the law, unless the car dealership was using
the location under false pretences (I find this highly unlikely
as they had 10+ other cars there)
What chance would the driver have of successfully contesting the
charge if it did go to court? The driver does not have an
invoice from the dealership who is refusing all calls, however
the driver has an e-mail from DLVA showing the time that the
vehicle was registered and bank statements showing the date of
purchase. Is there even a likelyhood of this going to court in
the first place?
The driver is in the military and has correspondence sent to a
home address, therefore missing the original letter until it was
on the last week of the appeal.
The driver also has no method to contact ParkMaven directly at
this time as they have not responded to any e-mails sent.
Thank you
[attachment deleted by admin]
#Post#: 52954--------------------------------------------------
Re: PCN - No valid parking session - Reading Thames Valley from
Car Dealership after taking car for a test drive!
DIR By: lilliburlero
Date: January 11, 2025, 8:35 am
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Just to clarify as I'm aware the situation is confusing - When I
arrived at the car park, I was not the owner of the vehicle and
was parked at the instruction of the registered property
leaseholder. When I left the property, I was the owner of the
vehicle as I had purchased it on site.
#Post#: 52992--------------------------------------------------
Re: PCN - No valid parking session - Reading Thames Valley from
Car Dealership after taking car for a test drive!
DIR By: Smartdriver
Date: January 11, 2025, 3:20 pm
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Others will advise on the case. Just be aware though there’s a
stray identifying pronoun in your post
#Post#: 52995--------------------------------------------------
Re: PCN - No valid parking session - Reading Thames Valley from
Car Dealership after taking car for a test drive!
DIR By: mickR
Date: January 11, 2025, 4:04 pm
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more than one.
edit so no I, we, he, she, etc
#Post#: 53027--------------------------------------------------
Re: PCN - No valid parking session - Reading Thames Valley from
Car Dealership after taking car for a test drive!
DIR By: b789
Date: January 12, 2025, 4:30 am
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It's a joke... isn't it! You won't have to pay penny to
Parkmaven. Did you buy the car from WeBuyAnyCar.com? If so, I
doubt that they are the contractor for Parkmaven at that car
park.
Try the managing agent of that building. Whoever contracted
Parkmaven is jointly and severally liable for the actions of
their agent.
You say you appealed. Did you also appeal to POPLA? What did you
put in your appeal?
When you paid for the car, did you use cash or a card? If you
used a card, either physically, in which case you should have a
receipt with the tie on it or else if you used ApplePay or
similar, you will have the time you made the purchase recorded.
You already say that the DVLA gave you the time the registration
was made, so why didn't you use that in your appeal?
Can you please show the back of the Notice to Keeper (NtK) you
received so that we can check the wording for PoFA compliance.
As you are in the military and do not receive correspondence at
your registered home address because you are frequently away on
base for long periods, you should address this situation
carefully to avoid parking charge notices escalating. There are
some practical steps you should take to manage correspondence
from parking operators like this.
As the Keeper you can update your vehicle's registered address
with the DVLA to a more suitable "Care of" (c/o) address where
you will reliably receive post, such as a trusted family
member's address. This ensures that you receive parking
correspondence in a timely manner.
This is easily done and you only have to complete the V5C
logbook with a new correspondence address. The DVLA allows
military personnel to use an alternative address for
correspondence if they are frequently away from their registered
home address. This reduces the risk of missing important
letters, such as a Notice to Keeper (NtK) or court claim forms.
You (or a representative) should immediately notify Parkmaven
that you are in the military and cannot receive correspondence
at your registered address. You should provide an alternative
contact address or tell them to use email for all future
communications. Many operators now accept correspondence via
email.
Even if this results in a county court claim (likely) it is very
easily defended and they will eventually discontinue. They are
simply hoping you are low-hanging fruit on the gullible tree and
will pay them once they try to litigate. The only issue is that
you will have deadlines to respond to any claim.
I suggest you notify Parkmaven of your military status and your
inability to timely receive correspondence at the registered
address. Request that any legal intention to issue a claim is
communicated via alternative methods, such as through a trusted
third-party address or email (even if the claim itself cannot be
sent via email). Invoke CPR 7.8 and the Overriding Objective to
encourage Parkmaven to act fairly by taking into account your
unique circumstances.
Here is a suggested letter to Parkmaven:
--- Quote ---
> Subject: Notification of Military Status and Request for
Alternative Contact Methods
>
> Dear Sir/Madam,
>
> RE: [Parking Charge Notice Reference Number]
>
> I am writing to notify you that I, [Keeper's Name], the
registered Keeper of the vehicle with registration number
[Vehicle Reg. No.], am currently an active-duty member of the
Armed Forces. As such, I am frequently away on military duty and
cannot reliably receive correspondence at my registered home
address.
>
> Due to the nature of my service, I am often stationed on
military bases without regular internet access or the ability to
check my post within standard timeframes. I am therefore
concerned that any legal proceedings initiated by your company,
including a County Court Claim, may not be received in time to
allow me to respond, resulting in a default judgment being
entered against me unfairly.
>
> I request that you update your records accordingly and ensure
that any notification of your intention to issue legal
proceedings is communicated to me via [alternative address/email
address/third-party contact]. This request is made to ensure
that I am able to respond appropriately to any legal action and
to avoid the risk of a default County Court Judgment being
entered against me.
>
> This request is reasonable and in line with your obligations
under CPR 7.8 and the Overriding Objective of the Civil
Procedure Rules to deal with cases fairly and proportionately,
taking into account the circumstances of the parties. Failure to
take reasonable steps to accommodate this request may result in
a claim for improper service if a default judgment is entered
against me without my knowledge.
>
> Please confirm receipt of this letter and your agreement to
update your records accordingly.
>
> Yours faithfully,
>
> [Your Name]
> [Your Military Rank (optional)]
--- End Quote ---
The legal basis for the letter are:
[indent]• Civil Procedure Rules (CPR) 7.8 – Notification of
Claim. CPR 7.8 requires claimants to give notice when they are
intending to serve a claim, particularly when there is a known
issue with service at the defendant’s usual address.
• CPR 1.1 – The Overriding Objective - The overriding objective
of the CPR is to ensure that cases are dealt with justly,
fairly, and proportionately. If the claimant is aware of the
defendant’s military status, they must take reasonable steps to
ensure the defendant is properly informed.
• Defence of Improper Service under CPR 6.9 - If a claim form is
served to an address where the defendant cannot reasonably be
expected to receive it, the defendant can argue that service was
improper under CPR 6.9.[/indent]
I hope that the above is enough for you to be going on with. You
will never pay a penny to Parkmaven but, with your circumstances
of being in the military, you need to make sure that any
communication regarding litigation is received promptly in order
to prevent them getting a CCJ by default.
A default CCJ is easily set aside but it is just another PITA to
have to go through the process and is best avoided.
#Post#: 53195--------------------------------------------------
Re: PCN - No valid parking session - Reading Thames Valley from
Car Dealership after taking car for a test drive!
DIR By: lilliburlero
Date: January 13, 2025, 12:29 pm
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Appreciate the advice, I will action it now.
Thank you,
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