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#Post#: 62455--------------------------------------------------
HX Car Park Management - not parked wholly withion the
designated bay markings
DIR By: Markmcg
Date: March 14, 2025, 4:54 am
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Good morning
A family member recently received the following PCN, however as
the V5 is in my name it has been addressed to me.
As I understand, they didn't leave the vehicle they pulled into
the space dropped someone off and left.
My family member is old, I don't want them to go through the
hassle of dealing with this PCN. Can I respond and state I was
not the driver however I am appealing this PCN on their behalf.
Any other advice is greatly appreciated.
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#Post#: 62460--------------------------------------------------
Re: HX Car Park Management - not parked wholly withion the
designated bay markings
DIR By: G6PRK
Date: March 14, 2025, 5:34 am
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Your family member doesn't need to be involved in any way,
nobody is currently trying to hold them responsible.
You will appeal as the keeper. You will not name the driver at
any point. The NtK is not PoFA compliant so they cannot transfer
liability to you.
You can use the below by b789 as your initial appeal (I have
modified the parking operator and removed a POPLA reference). It
will likely be rejected. You will then decide whether to bother
appealing through the IAS - most don't as it's a scam and they
reject 96% of appeals. You will then do nothing until you
receive court papers, then you'll come back here. The team here
will support you in your defence and you will almost certainly
win.
--- Quote from: b789 link ---
>
> 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. HX Car Park Management 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.
You are urged to save us both a complete waste of time and
cancel the PCN.
--- End Quote ---
[/quote]
#Post#: 62462--------------------------------------------------
Re: HX Car Park Management - not parked wholly withion the
designated bay markings
DIR By: Sander333
Date: March 14, 2025, 5:39 am
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As above appeal in the first instance to the parking operator
who will reject. There is very little or no chance of getting a
positive result at IAS. Read trust pilot reviews 1* they are
only given that as you cannot place review with nil *. I would
anticipate a long wait for a possible civil court case if it
goes that far.
#Post#: 62542--------------------------------------------------
Re: HX Car Park Management - not parked wholly withion the
designated bay markings
DIR By: b789
Date: March 14, 2025, 12:24 pm
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The above is all correct. Their Notice to Keeper (NtK) is not
fully compliant with all the requirements of PoFA and therefore
the Keeper cannot be liable for the charge. They have no idea of
the drivers identity unless you give it away, inadvertently or
otherwise. There is no legal obligation on the known Keeper
(you) to identify the unknown driver (either you or someone
else) to an unregulated private parking company.
In order to be able to transfer liability from the unknown
driver to the known keeper, they must comply fully with all the
requirements of PoFA, in both their NtK and their signage. As
stated, they have not complied with POFA Paragraph 9(2)(a) in
their notice which requires them to state the period of parking.
This has been established in persuasive appellate case law that
a period of parking cannot simply be stated as "the period prior
to XX:XX". It must be a definitive period, not necessarily the
whole period. As there has to be a consideration period of at
least 5 minutes according to the ATA Code of Practice, then the
period recored should be at least that long. In this case, It is
not!
In the appeal provided, you can add that you are the Keeper and
you can confirm that you also were not the driver. The only
issue is that they re going to reject any appeal (no money in it
for them if they don't) and they are members of the IPC which
means that their secondary appeals service, the IAS, is just a
kangaroo court set up to only protect their members interests
and not those of the appellant.
What I can assure you of, is that if this is eventually
escalated to a county court claim, you will to be paying a penny
to HX. Any claim is very easily defended and the most likely
outcome will be either a strike out or a discontinuation. Even
in the remote chance it ever did make it all the way to a
hearing before a district judge, you would win anyway.
These ex-clamper thugs abuse the system and their M.O. is to
hope that you are low-hanging fruit on the gullible tree who
will eventually capitulate and pay up out of ignorance and fear.
We know how to deal with them and anyone following our advice
will not pay a penny to these rogue operators.
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