Parking charge notice.
Discussion
Hi all. After some advice.
I recieved a letter from parking enforcement stating I had not paid or responded to a parking charge notice from 28th September.
I have not received any prior letters on this matter and have replied as such to them.
They have responded that 2 letters have been sent in the intervening time.
The most recent and only letter has allready moved onto threats of action via their solicitor and of course an allready increased fine of £160. Dated 16th December but recieved by me on the 3rd January.
What should I do next? In a case of my word against theirs, should the case make it to the claims court any idea on likely outcome?
As its a parking charge and not a penalty charge I believe you need to confirm who was driving - or rather parking - as opposed to a penalty charge where in the lack of confirmation it defaults to the registered keeper?
Of course I have no idea if it was me or my wife that may have parked without a ticket.....
I recieved a letter from parking enforcement stating I had not paid or responded to a parking charge notice from 28th September.
I have not received any prior letters on this matter and have replied as such to them.
They have responded that 2 letters have been sent in the intervening time.
The most recent and only letter has allready moved onto threats of action via their solicitor and of course an allready increased fine of £160. Dated 16th December but recieved by me on the 3rd January.
What should I do next? In a case of my word against theirs, should the case make it to the claims court any idea on likely outcome?
As its a parking charge and not a penalty charge I believe you need to confirm who was driving - or rather parking - as opposed to a penalty charge where in the lack of confirmation it defaults to the registered keeper?
Of course I have no idea if it was me or my wife that may have parked without a ticket.....
Sub8 said:
...As its a parking charge and not a penalty charge I believe you need to confirm who was driving....
Absolutely not. Their contract is with the driver, who they cannot identify. They can only transfer liability to the Registered Keeper if they follow the Protection of Freedoms Act to the letter, and most don't. The RK is not required to identify the driver.See https://www.ftla.uk
Sub8 said:
Hi all. After some advice.
As its a parking charge and not a penalty charge I believe you need to confirm who was driving - or rather parking - as opposed to a penalty charge where in the lack of confirmation it defaults to the registered keeper?
If they obey the rules of notices etc, then they do get to go after the RK.As its a parking charge and not a penalty charge I believe you need to confirm who was driving - or rather parking - as opposed to a penalty charge where in the lack of confirmation it defaults to the registered keeper?
I assume the letter stated where the parking problem was. If so maybe you can look back at bank accounts or credit card bills and try to identify what was was bought from that location on that day. That should you give you an idea of who was driving and might jog your memory about anything that could have happened to justify getting the letter.
However, even if you can work out who was driving and why, as already stated just refer to 'the driver' without giving any names.
However, even if you can work out who was driving and why, as already stated just refer to 'the driver' without giving any names.
Yellow Lizud said:
However, even if you can work out who was driving and why, as already stated just refer to 'the driver' without giving any names.
Don't even say "I did..." or "I must have done...". You need to stick to phrases such as "The driver did..." or "The driver must have done...".This is a quirk of the law and the parking 'contract'. The contract to park is with the driver, not the registered keeper, so they will try & trick you into either identifying the driver or you slipping up and accepting liability for yourself.
HTH
M
Thanks all. I appreciate the specifics around who may or may not have been driving on the day in question.
I guss I`m more interested in the fact I havn't received any prior communication and the impact that has on the current demand for increased costs and potenitally passing on to recover further.
Are they bound by a minimum date requirment similar to a NIP within 14days?
Also after 3+ months how are you supposed to remember who may or may not have been driving and then assess the impact that may have in a court claim?
I guss I`m more interested in the fact I havn't received any prior communication and the impact that has on the current demand for increased costs and potenitally passing on to recover further.
Are they bound by a minimum date requirment similar to a NIP within 14days?
Also after 3+ months how are you supposed to remember who may or may not have been driving and then assess the impact that may have in a court claim?
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