Discussion
Sorry about this but another question I'm afraid!
My son received a letter today regarding a Parking Charge Notice from parking company who are a member of the BPA, which relates to an alleged infringement on 15th January 2020. The letter is dated 7th May 2020. It relates to parking in a railway station car park. My son is the RK of the vehicle in question.
The letter contains a photo of his vehicle arriving and another of the vehicle leaving.
The allegation is of parking without displaying a valid proof of payment. There are no photos of the vehicle windscreen showing whether a ticket was there or not.
Now the driver is adamant that they did pay. They can remember paying as it was one of the machines where you enter your reg number. Also they are an infrequent user of railway stations as well hence their memory of it. After all this time they do not have the ticket as proof and as they paid in coins and not card, do not have proof via a CC statement or the like.
My son is the RK of the vehicle and he has not responded to the letter as of yet.
Some questions if I may...
- Given the allegation is from January and he as the RK has received the letter now, is this an acceptable time frame?
- Given that the driver is adamant that they paid but cannot prove it, is there anything they can do about it now?
- What should he as the RK do next?
I have looked to see if I can find any info on the date question but without success.
Thanks all
My son received a letter today regarding a Parking Charge Notice from parking company who are a member of the BPA, which relates to an alleged infringement on 15th January 2020. The letter is dated 7th May 2020. It relates to parking in a railway station car park. My son is the RK of the vehicle in question.
The letter contains a photo of his vehicle arriving and another of the vehicle leaving.
The allegation is of parking without displaying a valid proof of payment. There are no photos of the vehicle windscreen showing whether a ticket was there or not.
Now the driver is adamant that they did pay. They can remember paying as it was one of the machines where you enter your reg number. Also they are an infrequent user of railway stations as well hence their memory of it. After all this time they do not have the ticket as proof and as they paid in coins and not card, do not have proof via a CC statement or the like.
My son is the RK of the vehicle and he has not responded to the letter as of yet.
Some questions if I may...
- Given the allegation is from January and he as the RK has received the letter now, is this an acceptable time frame?
- Given that the driver is adamant that they paid but cannot prove it, is there anything they can do about it now?
- What should he as the RK do next?
I have looked to see if I can find any info on the date question but without success.
Thanks all
Edited by oblio on Wednesday 13th May 14:28
Update
I didnt get any responses on PH so I went to pepipoo. Following advice on there my lad sent of the following letter...
"Dear Sirs,
I have just received your Parking Charge xxxxx for vehicle VRM xxxx
You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.
There is no legal requirement to name the driver at the time and I will not be doing so.
I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.
Yours etc"
Two days ago he got a letter from the parking company advising him that they had cancelled the parking charge notice. Result!!
I have updated this in case anyone else does a search
I didnt get any responses on PH so I went to pepipoo. Following advice on there my lad sent of the following letter...
"Dear Sirs,
I have just received your Parking Charge xxxxx for vehicle VRM xxxx
You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.
There is no legal requirement to name the driver at the time and I will not be doing so.
I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.
Yours etc"
Two days ago he got a letter from the parking company advising him that they had cancelled the parking charge notice. Result!!
I have updated this in case anyone else does a search
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