Parking ticket.... is it legit?

[PriorityOne]

Re: Parking ticket.... is it legit?

No, because POFA requires that if the RK alleges someone else is driving, in order to place liability on that driver, they must supply a name and current service address. Failing that the PPC can chase the RK.

Oh B*gger....

I'll see how things pan out then and ignore it for now.

[ken100464]

Re: Parking ticket.... is it legit?

What an interesting read that is but what a wide ranging a bit of legislation.

From terrorists to parking fines, clamping to getting married if you want to in the early hours, DNA samples to the ICO being amended, from biometric data processing of children to getting a conviction for homosexual acts overturned.

Almost as if someone had all these outstanding amendments they wanted but didnt have any home for them. The files in the in tray you never know where to put them.

Who ever knew it was illegal to have your marriage between the hours of 8pm and 6am.

Is that when priests are in bed?

[BBoo]

Re: Parking ticket.... is it legit?

P1, I'm really sorry, I've only just see this and it is one of my specialities.

I haven't read the whole thread, so apologies if this has been said before. I'm assuming we're talking a Parking Charge Notice. If so, you have two options:

1. Ignore absolutely everything - if you weren't the driver, but know the driver well, tell them not to worry about the nasty letters - they do stop, I've had a few of them.

2. Appeal the ticket - this makes the PPC pay £27 if your appeal is unsuccessful which it would be. You then totally ignore the ticket.

Parking Eye are claiming a range of CCJ's at the moment on their tickets and correspondence. I believe all of these were cases that were undefended and thus a default judgment was awarded. As long as it is defended, they have no chance.

I know of quite a few cases since this legislation came out at the start of October, and not one has gone to court. They won't as they haven't got a chance.

[PriorityOne]

Re: Parking ticket.... is it legit?

P1, I'm really sorry, I've only just see this and it is one of my specialities.

I haven't read the whole thread, so apologies if this has been said before. I'm assuming we're talking a Parking Charge Notice. If so, you have two options:

1. Ignore absolutely everything - if you weren't the driver, but know the driver well, tell them not to worry about the nasty letters - they do stop, I've had a few of them.

2. Appeal the ticket - this makes the PPC pay £27 if your appeal is unsuccessful which it would be. You then totally ignore the ticket.

Parking Eye are claiming a range of CCJ's at the moment on their tickets and correspondence. I believe all of these were cases that were undefended and thus a default judgment was awarded. As long as it is defended, they have no chance.

I know of quite a few cases since this legislation came out at the start of October, and not one has gone to court. They won't as they haven't got a chance.

Bless you Bboo... thank you.

It is a Parking Charge Notice, yes..... I'll ignore if you think it's best but if they decide to go for a CCJ, then I'll probably say it was me driving and they can then do their best......

I've not battled a PCN company before though, so hope they'll just drop it....

[BBoo]

Re: Parking ticket.... is it legit?

I've not battled a PCN company before though, so hope they'll just drop it....

Yep - they will! You'll get increasingly nasty letters and then they'll stop. Seriously it is nothing to worry about.

[michael]

Re: Parking ticket.... is it legit?

then I'll probably say it was me driving and they can then do their best......

You won't be able to do that. By that time, under POFA, they will be able to issue a claim against the RK, regardless of who was driving.

[PriorityOne]

Re: Parking ticket.... is it legit?

You won't be able to do that. By that time, under POFA, they will be able to issue a claim against the RK, regardless of who was driving.

I'll just ignore it then and deal with whatever they decide to do if/when it happens.....

[Never-In-Doubt]

Re: Parking ticket.... is it legit?

Thanks Michael...

So in theory, as this is all based upon contractual law, you could simply state that it was driven by a mate on that day and they've now left the area.... preventing them from forming a contract with anyone.

Yes you could state that. This occurred prior to 1st October. POFA doesn't come in effect until 1st October!!

Click FAQ entry "I wasn't the driver on the day a parking charge notice was issued and the driver is now overseas. What can I do?"

Answer;


If the parking event occurred before 1st October, then under the terms of the law of contract, the liability for the charge rests with the driver of the vehicle, and the keeper of the vehicle has no liability to pay the charge. Whilst we suggest that it is good practice for the keeper to disclose the details of the driver of the vehicle, they are under no legal obligation to do so.


--> AOS FAQs

[PriorityOne]

Re: Parking ticket.... is it legit?

Yes you could state that. This occurred prior to 1st October. POFA doesn't come in effect until 1st October!!

Click FAQ entry "I wasn't the driver on the day a parking charge notice was issued and the driver is now overseas. What can I do?"

Answer;


If the parking event occurred before 1st October, then under the terms of the law of contract, the liability for the charge rests with the driver of the vehicle, and the keeper of the vehicle has no liability to pay the charge. Whilst we suggest that it is good practice for the keeper to disclose the details of the driver of the vehicle, they are under no legal obligation to do so.


--> AOS FAQs

Just checked.... and it was issued after that date, so POFA can kick in.

[Never-In-Doubt]

Re: Parking ticket.... is it legit?

Just checked.... and it was issued after that date, so POFA can kick in.

Was it? I thought this thread was over a year old...?

Confused

Edit

Dipshit. 9th Oct 2012

[Never-In-Doubt]

Re: Parking ticket.... is it legit?

P1 - where was the ticket issued and was there a notice displayed?

Source --> Protection of Freedoms Act 2012

(3)For the purposes of sub-paragraph (2) “adequate notice” means notice given by—
(a)the display of one or more notices in accordance with any applicable requirements prescribed in regulations under paragraph 12 for, or for purposes including, the purposes of sub-paragraph (2); or
(b)where no such requirements apply, the display of one or more notices which—
(i)specify the sum as the charge for unauthorised parking; and
(ii)are adequate to bring the charge to the notice of drivers who park vehicles on the relevant land.

Thing is the Road Traffic Regs Act (1984) still takes effect. So if they get arsey you just look at the POFA and Road Traffic Regs and between them you'll find ample fault.

Very few are perfect. Even Tesco/Asda and their millions screw up on signage.

[PriorityOne]

Re: Parking ticket.... is it legit?

It was on one of the University campuses and I remember my daughter saying there was a Notice but she nipped upstairs to get the permit from the person who lives on that campus...... and this parking person pounced almost immediately. She's not at home at the moment to check any other details out though.....

It's a minor problem in the grand scheme of things but irritates the cr*p out of me that they now want £100 for a parking charge.... it's a bit like legalised mugging.

[Never-In-Doubt]

Re: Parking ticket.... is it legit?

So fine. Copy the permit and send it in and say she was adequately covered to park there.

Based on them being targeted for results, your word vs theirs. Do they have a photo of the permit-less windscreen?

[PriorityOne]

Re: Parking ticket.... is it legit?

So fine. Copy the permit and send it in and say she was adequately covered to park there.

Based on them being targeted for results, your word vs theirs. Do they have a photo of the permit-less windscreen?

They haven't indicated they have a photo..... although there is a website address on the letter inviting recipients to have a look. I'll check it out....

[PriorityOne]

Re: Parking ticket.... is it legit?

On second thoughts.... I'm a bit reluctant to put the car. reg. details and Parking Charge Notice ref. in there.... Curiosity killed the cat and all that.....