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#Post#: 53367--------------------------------------------------
PCN at hotel car park - any advice?
DIR By: Telecaster
Date: January 14, 2025, 3:46 pm
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0Helping a driver with a PCN from a hotel car park. I will be
getting a copy of the PCN soon, but here is the basic sequence
of events:
- Parked in the hotel car park and paid via the YourParkingSpace
website via mobile browser (not the most technically proficient,
so did not know to download the app).
- Received PCN from the Parkmaven 20 days after the alleged
violation occurred. It states that there was no valid session.
- The driver has missed the appeal deadline due to a lack of
technical knowledge around responding to the appeal. They only
saw the option to pay the PCN, so emailed Parkmaven's 'support'
email address. They sent a screenshot of the website payent
screen (not showing that payment was completed) and a screenshot
of their bank statement showing the transaction. Unfortunately
no receipt was obtained because the driver entered their phone
number one digit too short and neglected to include an email
address.
- I believe POFA PCNs need to be sent within 14 days, but I'm
not sure when they should be received by. This PCN was dated
exactly one week after the parking session, but only arrived one
day before the appeal deadline. I'm not sure where the driver
stands regarding this.
- A response to the email appeal arrived advising the driver to
click the link to appeal, but the driver did not understand that
this was still possible despite the letters from DCBL citing
that it had now been passed to them and it was too late to
appeal.
I don't know if it's now possible to get this back to the appeal
stage, but I am trying to find out more information from the
hotel in question. More details can be provided; I'm just
waiting for it all to be emailed to me so I can redact it.
I can see Parkmaven arguing that the wrong registration number
was used, as the driver has no receipt so it's the only reason I
can think of.
I'm not sure if the arrival of the PCN so late could be a reason
for appeal to be successful, but the driver is back to being too
late.
I would like to see the agreement between Parkmaven and the
landowner, but the hotel has thus far not responded to my
emails.
Any help would be greatly appreciated!
Thanks :)
#Post#: 53454--------------------------------------------------
Re: PCN at hotel car park - any advice?
DIR By: b789
Date: January 15, 2025, 7:27 am
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Please read this and then post a suitably redacted photo of both
sides of the Notice to Keeper (NtK). Regarding the PoFA deadline
regarding service of the NtK, it refers to it needing to be
"given" within 14 days of the alleged contravention.
A Notice is deemed given, two working days after the date it is
issued (not the contravention date), irrespective of whether it
actually arrives later or not, unless it can be proven to have
arrived later. If the PCN is dated only 7 days after the alleged
contravention then it was deemed given two working days later,
which is more likely than to be within the 14 days stipulated by
PoFA. Without knowing the actual dates, it is difficult to
confirm especially if it was issued around the Xmas holiday
period.
You mention that DCBL have now been in touch which suggests that
any appeal period is no longer possible. DCBL must be ignored.
They are a useless debt collector with no power to do anything
except try and scare the low-hanging fruit on the gullible tree
to pay up out of ignorance and fear.
The hotel must be pressured as far as possible to get the PCN
cancelled if they are the contractor for ParkMaven. The only way
you will get to see any contract between the landowner and
ParkMaven is if they issue a county court claim and it goes all
the way to a hearing where you can require ParkMaven to reveal
their contractual right to issue PCNs in their own name.
However, if it goes to a county court claim, there is very
little to zero chance that it would ever get as far as a hearing
as they are likely to discontinue before the hearing fee has to
paid by them.
When you can, please show the NtK and if you get a Letter of
Claim (LoC) come back and show us.
#Post#: 53515--------------------------------------------------
Re: PCN at hotel car park - any advice?
DIR By: mickR
Date: January 15, 2025, 1:15 pm
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READ THIS FIRST - **BEFORE POSTING YOUR CASE!**,
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
#Post#: 53552--------------------------------------------------
Re: PCN at hotel car park - any advice?
DIR By: Telecaster
Date: January 15, 2025, 5:48 pm
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Hi,
Thanks for your replies. I have now received photos of all of
the letters, which I have redacted. The screenshot the driver
took of the Parkmaven website from their phone has unfortunately
been sent to me as a photo of the screenshot taken on the phone,
in an email on the laptop, taken back on the same phone. I know
the original is both on the phone and in the driver's email
somewhere, so I will try to get a better copy if required. I
don't think it would hold much weight in terms of evidence, as I
could replicate that on my phone.
[attachment deleted by admin]
#Post#: 53553--------------------------------------------------
Re: PCN at hotel car park - any advice?
DIR By: Telecaster
Date: January 15, 2025, 5:49 pm
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And the final bit.
[attachment deleted by admin]
#Post#: 53565--------------------------------------------------
Re: PCN at hotel car park - any advice?
DIR By: b789
Date: January 16, 2025, 1:36 am
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All,we,needed to see was the original NtK, both sides. We do. It
need to see or know about any reminders and we don’t need to
know about the uselesss debt collector letters from DCBL and
their like.
You can safely ignore those. DCBL are not a party to the
contract allegedly breached by the driver. Remove those images
and stop worrying about a powerless debt collector.
#Post#: 53709--------------------------------------------------
Re: PCN at hotel car park - any advice?
DIR By: ixxy
Date: January 16, 2025, 1:03 pm
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This might actually be down to Your Parking Space, they have
form for selling parking spaces on car parks that are managed by
another company with whom they have no relationship. There was
an example on here recently, in the YPS small print it said you
had to validate your parking with the hotel staff, you had to go
into the hotel, tell the receptionist you'd paid YPS and they
would enter you registration to stop you getting a PCN. May well
be the case here in which Parkmaven aren't going to be very
sympathetic, so your best bet is to get the hotel to get it
cancelled. Just because you had a contract with YPS won't negate
the contract with Parkmaven if the two are completely separate.
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