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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70419
Experience:  Over 5 years in practice.
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how do i obtain permission to contest a PCN for a vehicle that

Customer Question

how do i obtain permission to contest a PCN for a vehicle that i parked but did not own
Submitted: 4 years ago.
Category: Traffic Law
Expert:  Jo C. replied 4 years ago.
Thank you for your question. i will try to help with this.

-Could you explain your situation a little more?

Customer: replied 4 years ago.

my fiesta is undergoing mechanical work( a new clutch)


I am kindly being insured for a corsa.


I parked the corsa in a loading bay whilst unloading equipment for work.


I received a PCN parking without loading in a loading bay.


The issue is that I am not being allowed to challenge the PCN other than through the owner.


Is there any way I can offer a challenge without having to involve the owner, as the extra "link- in- the-chain" means delays.


Is a written letter from the owner, giving permission for me to take responsibility for the Offence, a legal option ?


A letter as described has been written and delivered, but refused, with no reason given as to why


 

Expert:  Jo C. replied 4 years ago.
No.

The PCN from a local council runs against the registered keeper not the driver. The driver has no right of appeal.

You can provide a statement in support of the registered keeper's appeal but you cannot yourself appeal.

There is case law on what it means to be a 'keeper' and the registered keeper may be able to argue that he was not the keeper on this occasion although it does depend on whether you had sole use of the vehicle or it was a shared vehicle.

But the fact that you were the driver does not mean you can take over the appeal in effect.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Customer: replied 4 years ago.

I am using the vehicle to places of work.


what would be acceptable proof of sole use?

Expert:  Jo C. replied 4 years ago.
Usually it covers things like a garage having a vehicle for several days.

But even then the driver does not take over the appeal.

The registered keeper just appeals on the basis that they were not the actual keeper.
Customer: replied 4 years ago.

is there any circumstance in which the driver can take over the appeal on behalf of the owner ?

Expert:  Jo C. replied 4 years ago.
No. As I said.