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    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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Wrong car colour so is the ticket lawful ???


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I unfortunately got a parking ticket for overstaying on a ticket in Nottingham (expired time). Fairs fair I was in the wrong (chatting too much!), but on the ticket it states colour of car as Brown, when it is in-fact Red (a dirty red all beit!). (NB the reg number was correct though)

 

Can I refuse to pay under the premise the ticket had incorrect details?

 

Any help appreciated.

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I would think the ticket is invalid.

 

I once got a ticket with the wrong make of vehicle recorded - parking attendent had put down Hyundai when I drive an Honda. I challenged it with council stating that though the registration number was correct that if they checked they would see that the vehicle was an Honda. I didn't admit anything in my letter to them - just stated the facts and that the ticket was therefore invalid. I was successful - ticket quashed!

 

You might be in with a chance here as colour must be correct too. If your registration document states red then it's red. Nothing to lose by challenging it within 14 days. Wise to send letter by recorded delivery, only costs about a pound, then you have proof that you challenged within time limit. Good luck!

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  • 2 weeks later...
....but on the ticket it states colour of car as Brown, when it is in-fact Red (a dirty red all beit!). (NB the reg number was correct though)

 

If the colour of the car is wrong, then it's not only challengable, it's also invalid....BUT, the colours on the DAP (or preprinted ticket) aren't as vast as the coulours of the cars available today. This is why in training we are taught to put the closest colour to our personal knowledge as there are no 'off silvers' or 'slight greys'...'aqua-marine' etc etc.... silver/grey, blue/green (bluey green), red/brown....depends on the shade of your car. Without seeing it, it's really hard to tell. If for example your car was blue and he put brown, then YES, it's invalid. :)

But if your car isn't your average run of the mill, lucious cherry red, and it is in fact a dirty darker red, then brown may stand because on a technicality...there are no shades of red that can be added to a PCN. (or other colours that you can imagine.)

Try challenging it...you may get lucky. Get your car washed, take photos (in bright weather to make it look lighter) and submit them with your letter. Worth a shot perhaps.

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  • 2 years later...

I think you will be very lucky to have a ticket cancelled on the basis of colour alone.

What one person sees as red another may well see it as brown.

Good luck anyway.

regards

Please remember our troops, fighting and dying in our name. God protect them.

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thanks for advice.as my wife was in a meeting she was 4 mins over time on the ticket displayed.the people who she was been interviewed by sent her a letter saying it was unavoidable she was delayed so i sent that off with the pcn.havent heard anything yet and that was monday.probably looks like im not getting away with this one maybe im clutching at straws.as my wife isnt working at the mo and we have two children maybe they can see our financial situation and maybe show a compassionate side.we are struggling with just my wage coming in.

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  • 1 month later...

It has often been pointed out that the colour of the car is not legally required although is usually included presumably to assist any doubt on which car was involved, so no, I think you will find this in itself is not grounds for appeal.

 

Informal appeals regarding wrong colour have somtimes been allowed which I would say would come under the reason of "council goodwill" (wow! there's a rare commodity) but if you appeal on this and get it rejected I would see little point in bring that alone to an adjudicator.

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  • 2 years later...
If the colour of the car is wrong, then it's not only challengable, it's also invalid....BUT, the colours on the DAP (or preprinted ticket) aren't as vast as the coulours of the cars available today. This is why in training we are taught to put the closest colour to our personal knowledge as there are no 'off silvers' or 'slight greys'...'aqua-marine' etc etc.... silver/grey, blue/green (bluey green), red/brown....depends on the shade of your car. Without seeing it, it's really hard to tell. If for example your car was blue and he put brown, then YES, it's invalid. :)

But if your car isn't your average run of the mill, lucious cherry red, and it is in fact a dirty darker red, then brown may stand because on a technicality...there are no shades of red that can be added to a PCN. (or other colours that you can imagine.)

Try challenging it...you may get lucky. Get your car washed, take photos (in bright weather to make it look lighter) and submit them with your letter. Worth a shot perhaps.

 

Sorry I'm new to this just signed up! I have had similar situation as I used my fathers car to go to my GP and I'm disabled . No parking facilities available for either disabled or otherwise near GP so I parked on a very wide pavement off the road but with plenty of room for fellow disabled access and walkway. The PCN stated the car is black but it is registered Silver. I sent an appeal and received a response with no reference to colour but instead they upheld the fine! Should I appeal further I will have to pay the full fine please help and advise what to do next - it is bad enough trying to park with a mobility problem and I would have had to park a very long way from the doctors . I was not restricting or obstructing anything and all four wheels were on the very large pavement where you could have parked 2 vehicles! What can I do?

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I was not restricting or obstructing anything and all four wheels were on the very large pavement where you could have parked 2 vehicles! What can I do?

 

Footways are designed and constructed for pedestrians not for use as a car park, it costs Councils and utility companies millions a year repairing the damage caused to footways and underground pipes/cables. A footway is usually contructed of a concrete paving slab resting on a bed of sand if that was a suitable surface to use for cars roads would not be several feet of hardcore and concrete topped with tarmac.

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I wouldn't appeal further as you'll forfeit the discount and are unlikely to win. I don't really understand why you had to use the pavement, but if you really had no choice, that would be a better line of appeal in my view.

 

Hi,thank you for your advice. There really was no choice - no parking spaces available in the vicinity and the pavement is wide enough for two cars parked sideways. In fact residents are allowed to park on the pavement at specific times in the same road! I will pay reluctantly to avoid high cost of ticket I guess - it is so unreasonable as there is only one disabled bay at the front of the doctors. It was in Barking and disabled bays have disappears in the last couple of years! I think I will write to the MP as it looks like new plans for the area will mean further problems for the disabled. If abled body would just understand how difficult it is for the disabled and not park in disabled bays that would help! Especially at supermarkets!

Thanks for your help

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Footways are designed and constructed for pedestrians not for use as a car park, it costs Councils and utility companies millions a year repairing the damage caused to footways and underground pipes/cables. A footway is usually contructed of a concrete paving slab resting on a bed of sand if that was a suitable surface to use for cars roads would not be several feet of hardcore and concrete topped with tarmac.

 

Hi Green and Mean - please c my response below -- parking is permitted for residents on the pavement at certain hours!

This is because there is just nowhere else to park for residents, visitors or those attending doctor appointments. Thanks anyway

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Hi,thank you for your advice. There really was no choice - no parking spaces available in the vicinity and the pavement is wide enough for two cars parked sideways. In fact residents are allowed to park on the pavement at specific times in the same road! I will pay reluctantly to avoid high cost of ticket I guess - it is so unreasonable as there is only one disabled bay at the front of the doctors. It was in Barking and disabled bays have disappears in the last couple of years! I think I will write to the MP as it looks like new plans for the area will mean further problems for the disabled. If abled body would just understand how difficult it is for the disabled and not park in disabled bays that would help! Especially at supermarkets!

Thanks for your help

 

This is something which should be raised with the local council. They should look into installing more disabled bays, as per the requirements of the DDA. It is often the case that councils are simply unaware of issues like this, until someone brings them up and requests they take a look.

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  • 11 months later...

I recently parked on a double yellow line whilst displaying a blue badge, by mistake i overstayed my 3 hours & was issued with a penalty notice.

My car is gold coloured & this is plain to see on the evidence photographs, however the ticket states colour as silver.

being very new to this situation, i am wondering if i should challenge this fine ?. or do i just save time & pay up.

any advise would be appreciated.

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I recently parked on a double yellow line whilst displaying a blue badge, by mistake i overstayed my 3 hours & was issued with a penalty notice.

My car is gold coloured & this is plain to see on the evidence photographs, however the ticket states colour as silver.

being very new to this situation, i am wondering if i should challenge this fine ?. or do i just save time & pay up.

any advise would be appreciated.

The original thread is over 3 years old so maybe better starting your own thread.

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