A different penalty charge question

[matchmaker]

I've just picked up my first PCN sent to me as RK - from Excel Parking for my car allegedly being parked without paying a fee. The driver was quite ready to pay the fee but neither of the ticket machines were working. They took photos of both.

It's what to do now. I can (a) ignore it - I'm in Scotland so can't be compelled to say who was driving (b) pay it or (c) send them the £1 that the driver would have paid if either machine was working.

Thoughts from the PH collective?

I'm also tempted to alert the local paper about what I consider a scam.

Edited by matchmaker on Wednesday 24th May 11:15

Edited by matchmaker on Wednesday 24th May 11:17

[S11Steve]

If it's in Scotland, say nothing, do nothing - they can only hold the driver liable as POFA 2012 does not apply in Scotland or Northern Ireland, and that is the specific law that allows them to hold the keeper liable under certain circumstances..

If you reply to them, they'll then go down the keeper is driver assumption route.

If the ticket was issued in, and the vehicle registered in Scotland then it is best to ignore them. The only court cases I am aware of is when the driver has identified themselves at some point in correspondence.

[SLCZ3]

Ah, Excel an excellent choice of private parking company, do not admit you were the driver, go to peppio and money supermarket forums on how to draft an appeal, which will be ignored/denied and be prepared to go to court over this.

Be meticulous on relevant documentation and the time limits on submitting defence and witness statements.

Keep calm and you can beat it.:

[silverfoxcc]

Agree with SLC23 but the correct site is pepipoo.com and put it in the private forum..AND NEVER NEVER NEVER say who the driver was in any correpondence, even on pepipoo as the PPC read the threads

It is always

The driver did this...the driver saw that.. etc etc etc

[matchmaker]

Update - the local paper are very interested and are running a story on Friday. They are contacting the landowner for their comments...

I'll be "an anonymous reader".

[Mrr T]

S11Steve said:

If it's in Scotland, say nothing, do nothing - they can only hold the driver liable as POFA 2012 does not apply in Scotland or Northern Ireland, and that is the specific law that allows them to hold the keeper liable under certain circumstances..

If you reply to them, they'll then go down the keeper is driver assumption route.

If the ticket was issued in, and the vehicle registered in Scotland then it is best to ignore them. The only court cases I am aware of is when the driver has identified themselves at some point in correspondence.

^

100% correct.

Nothing to do for the moment as you say you are in Scotland so keeper liability will not apply.

However, Excel will only discover you are in Scotland when they apply for the registered keepers name from the DVLA.

Let’s see what happens then. It’s not the first time a PC has still issued a PCN to the registered keeper.

Let us know if they do because you will then have won the private parking jack pot and we can help you claim your winnings.

[Riley Blue]

silverfoxcc said:

Agree with SLC23 but the correct site is pepipoo.com and put it in the private forum..AND NEVER NEVER NEVER say who the driver was in any correpondence, even on pepipoo as the PPC read the threads

It is always

The driver did this...the driver saw that.. etc etc etc

In which case best to edit or delete your original post / profile.

[matchmaker]

Riley Blue said:

silverfoxcc said:

Agree with SLC23 but the correct site is pepipoo.com and put it in the private forum..AND NEVER NEVER NEVER say who the driver was in any correpondence, even on pepipoo as the PPC read the threads

It is always

The driver did this...the driver saw that.. etc etc etc

In which case best to edit or delete your original post / profile.

Good point - edited.

[matchmaker]

The driver had the same problem again today. He naturally took photos of both the offending ticket machines. I, as the RK, will be watching my mail for correspondence from Excel!