Shopping centre - stayed 17min over - charge notice

[kutti]

Thank God I found this forum, will someone please be able to help with appeal/challenge letter? The driver went to Epping Forest retail Park and spent 3hrs 17min altogether in TK Maxx, Hobbycraft, Next etc. Did not expect a ticket for staying 17min over - did not know that there is a limit in the first place. Who sets a limit at a retail park? Looks like ANPR has opened up a looting opportunity. Tried speaking to the Shopping Centre management as well as TK Maxx where they spent lot of money - neither helped. If the driver made a genuine mistake of not leaving after seeing the sign, would have paid. But here feel like cheated. Please can you help to challenge this - see attached notice.

[ostell]

First of all edit that post so that the identity of the driver cannot be inferred. Use "the driver......." etc. The keeper received the PCN

Was there anything on the back of that PCN that mentioned Protection of freedoms act? If not then the PCN does not comply with the requirement of POFA to transfer liability form the driver to the keeper and therefore there is no keeper liability. If they do not know the identity of the driver then they are up that proverbial creek.

If there was nothing about POFA on the back (post it up anyway please) then your response is :

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the registered keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to give the warning to the keeper, contrary to section 9 (2) (f) of the Act. You cannot therefore transfer liability from the driver at the time to me.

There is no legal requirement to identify the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc.

[kutti]

Thank you very much, I have attached the reverse side (see above) I could not spot anything about POFA but could be wrong as I am not sure what I am looking for. Please can you check?

[ostell]

When the driver is unknown then they have to comply with the requirements Schedule 4 of The Protection of Freedoms Act 2012 in order to be able to transfer liability to the keeper. Here's a copy of POFA. As there is no windscreen ticket then you need to look at paragraph 9, especially 9 (2) which defines all the items that must be there.

Send this letter:

Sirs

Ref PCN xxxxx VRM yyyyyy

I am the registered keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to give the warning to the keeper, contrary to section 9 (2) (f) of the Act. You cannot therefore transfer liability from the driver at the time to me.

There is no legal requirement to identify the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc.


You will either get a cancel or a POPLA code. A POPLA appeal will win.

[kutti]

Thank you very much for the help, Ostell sending the letter now. What could enable them to issue a POPLA code?

[ostell]

If they reject your appeal then they have to issue a POPLA code. You then take your appeal to POPLA.

[kutti]

Ok thanks.

[kutti]

Hello Ostell,

You rock I received a response to say that PCN has been cancelled. Thank you and this forum very much

[DavidHEssex]

When the driver is unknown t....

I don't suppose if anyone knows if this legislation is still current, I have exactly the same issue from exactly the same car park, PCN looks identical.

[ULA]

Hi DavidHEssex this is an old thread and may not get any responses to your post. It may be better for you to start a new thread setting out your issue.