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Go Back   The Consumer Forums > The Consumer Forums
The Consumer Action Group
> Parking / Traffic Offences

Parking / Traffic Offences A forum to discuss the legalities or unlawfulness of parking/speeding tickets or congestions charges etc.


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Old 22nd February 2007, 14:47   #1 (permalink)
Driver310
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Default PCN for parking at supermarket

Good Afternoon,

This is my first time on the site after it was recommended by one of my friends.

I received a PCN for £70 (£45 if I pay within 14 days) for staying 17 minutes over the limit in a 1.5 hour free parking area. No ticket was placed on my car, I received the notice through the post. I have read through various threads on the forum but cannot get the right advice to suit me.

How would I go about getting off with this PCN?

Thanks for taking the time to read this.
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Old 22nd February 2007, 15:15   #2 (permalink)
Howard0181
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Default Re: PCN for parking at supermarket

It sounds like this is a private car park rather than local authority.

Therefore, its a civil dispute. As such, any contract would be between driver and the landower/parking company.

As its Civil only a Court can order that you or the driver pay.

If it was me I would write back as follows:

Dear Sirs

Re: Your Ref XXXXXXXXXXX

I am the reigstered keeper of Vehicle Reg XXXXX and have recieved a request for payment in the sum of £45.00. Please advise on what basis you feel that I have entered into any contract with you or the landlowner and what evidence you have to suggest that the above amount is payable.

Yours faithfully
========================= ========
The company will hound you for money but unless they issue a County Court Summons the reality is that there is nothing they can legally to extract money from you. From my experiencesthese companies will lie to you.

If it was me I would not pay.
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Old 22nd February 2007, 15:24   #3 (permalink)
dw190
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Default Re: PCN for parking at supermarket

Quote:
Originally Posted by Driver310 View Post
Good Afternoon,

This is my first time on the site after it was recommended by one of my friends.

I received a PCN for £70 (£45 if I pay within 14 days) for staying 17 minutes over the limit in a 1.5 hour free parking area. No ticket was placed on my car, I received the notice through the post. I have read through various threads on the forum but cannot get the right advice to suit me.

How would I go about getting off with this PCN?

Thanks for taking the time to read this.
Do not under any circumstances admit to being the driver.

Always refer to yourself as the Registered Keeper and tell them that any contract they feel they have must be with the driver so they should take the matter up with the driver.

You have no obligation to advise who was driving at the time of the allegation.
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Old 22nd February 2007, 16:00   #4 (permalink)
Driver310
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Default Re: PCN for parking at supermarket

Quote:
Originally Posted by dw190 View Post
Do not under any circumstances admit to being the driver.

Always refer to yourself as the Registered Keeper and tell them that any contract they feel they have must be with the driver so they should take the matter up with the driver.

You have no obligation to advise who was driving at the time of the allegation.
The car in question is a company car, so I am not the registered keeper and my company will not reply on my behalf I would imagine.

What sort of implications could there be if I said I was driving?

Thanks in advance
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Old 22nd February 2007, 16:49   #5 (permalink)
Howard0181
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Default Re: PCN for parking at supermarket

The driver of the car would then have a contract with the landlowner or parking company. However, they are only entitled to damages and not a fine. As an example, if the parking fee for one hour was £1.00 and the driver spent another 40 mins then I would say that fair damages are £1.00.

Best to respond stating what evidence do you have that there is any contract with the RK.

I would not pay.
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Old 22nd February 2007, 17:35   #6 (permalink)
petej2811
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Default Re: PCN for parking at supermarket

Look at my thread. The law as it relates to private parking is contained therein.

It will also serve as a guide to what to do.
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Old 22nd February 2007, 18:43   #7 (permalink)
dw190
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Default Re: PCN for parking at supermarket

Quote:
Originally Posted by Driver310 View Post
The car in question is a company car, so I am not the registered keeper and my company will not reply on my behalf I would imagine.

What sort of implications could there be if I said I was driving?

Thanks in advance
So how did they get your address.

Quote:
received a PCN for £70 (£45 if I pay within 14 days) for staying 17 minutes over the limit in a 1.5 hour free parking area. No ticket was placed on my car, I received the notice through the post. I have read through various threads on the forum but cannot get the right advice to suit me.
I assume the Company sent the notice to you. If that is the case you could write to them (the parking thieves) and tell them the Notice has been passed to you as the keeper of the vehicle but any demand for payment under contract should be taken up with the driver. Also ask if they have any photographic evidence that may assit in identifying the person whom they feel has entered into this alleged contract.

Last edited by dw190; 22nd February 2007 at 18:48.
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