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Parking Charge Notice Letter

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  • Parking Charge Notice Letter

    Hi All,

    I have received a PCN after our car was overdue in a 2.5 hour free parking car park. The letter was derived from ANPR and mostly has the correct information according the POFA.

    However it doesn't have anywhere on the letter that says the driver is required to pay the parking charge (POFA section 8, 2b). I also believe the charge of £60 if paid early (100 if not) to be extortionate and not proportionate.


    Is the fact that the letter only says "we require payment of this parking charge notice" enough for me to dispute?

    Thanks in advance
    Tags: None

  • #2
    Re: Parking Charge Notice Letter

    Hi

    Is the fact that the letter only says "we require payment of this parking charge notice" enough for me to dispute?
    Yes.
    Under 9(2)(b)
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Parking Charge Notice Letter

      If there was no windscreen ticket then paragraph 9 is the applicable section, as charity has said. All of the items in para 9 must be in the letter to be able to hold the keeper liable. Do you want to post up the PCN for comment, after removing personal and identifying details? Leave the dates.

      Otherwise just write and tell them they have failed to comply with the requirements of POFA to hold you liable as the keeper and you do not expect to hear from them again.

      Comment


      • #4
        Re: Parking Charge Notice Letter

        Thanks all, see attached the PCN with my details removed. Does the fact its addressed to me fulfil, section 9 2,b ? if not I will write to them as suggested. thanks in advance.

        Also do I need to wait until its nearer the 28 day cut off time so that they cannot resend the ticket with that request on?
        Attached Files
        Last edited by UkCitizen; 25th July 2017, 15:48:PM.

        Comment


        • #5
          Re: Parking Charge Notice Letter

          9 2 a Period of parking. The have stated the time between you passing the cameras. You were moving then, not parking.

          9 2 c what were the circumstances that gave rise to the charge? They have NOT stated why they think you have to pay, only a statemement.

          What was the date of the "offence" and the date the NTK was received.

          Comment


          • #6
            Re: Parking Charge Notice Letter

            The time between the offence and receiving the letter was 6 days, which as i understand for notice to keeper is valid?

            From the letter posted above does it look like they have failed to comply with 9 2 b ?

            Comment


            • #7
              Re: Parking Charge Notice Letter

              Yes.
              They must inform you to pay in full.
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: Parking Charge Notice Letter

                This is what I am planning to write, does this cover it?

                "The notice to keeper is invalid as you have not advised that the driver is liable for this parking charge in accordance with the requirements of POFA under Paragraph 9 (2)(b)"

                Comment


                • #9
                  Re: Parking Charge Notice Letter

                  Are you now outside of the 14 day deadline for NTK?
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: Parking Charge Notice Letter

                    You can inform them, as the registered keeper, that they have failed to conform with the requirements of POFA 2012 Schedule 4 paragraph 9 and therefore you cannot be held liable for the charge, only the driver. You will not be naming the driver as you have no legal responsibility to do so.

                    Comment


                    • #11
                      Re: Parking Charge Notice Letter

                      Its today I believe Charitynjw.

                      Many thanks Ostell

                      Comment


                      • #12
                        Re: Parking Charge Notice Letter

                        Originally posted by charitynjw View Post
                        Are you now outside of the 14 day deadline for NTK?
                        Does this make a difference ? Part of me is thinking just pay it, too many unknowns and stress erg

                        Comment


                        • #13
                          Re: Parking Charge Notice Letter

                          It just means that they cannot now send a compliant NtK to remedy the defects in the original one.
                          They would be out of time.

                          Part of me is thinking just pay it, too many unknowns and stress erg
                          Fair comment, & the decision has to be yours.
                          It is, of course, what they are hoping for. (That or a default judgment, maybe).
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb


                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.


                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #14
                            Re: Parking Charge Notice Letter

                            The Parking Co's work on the basis that enough people pay up immediately so its not worth their while to push claims to court.

                            The procedure is therefore appeal, Parking Co rejects appeal, appeal to POPLA, Parking Co does not want to spend the time or money contesting the POPLA appeal so drops it.

                            Make sure you add details that they really ought to respond to in your appeal such as ask for proof that they have the legal right to levy charges for parking on the land in question. When they deny your appeal using their proforma denial, appeal to POPLA on the grounds that they have demonstrated that they have not followed the appeals procedure, quoting their website. My last fight was with Civil Enforcement and their website says "The appeals department will consider each appeal on their own merits and write back to advise you of the outcome.”, but the denial of appeal letter talked about no evidence of payment, which was not the basis of my appeal. Add as much verbiage to the POPLA appeal as you can copy and paste off the internet, there is all sorts of legal precedent around the camera's etc. I can supply 4 pages if you need it.

                            I have done this 4 times now, 4 different parking companies including CE, every time they have not contested the POPLA appeal.

                            If this happens again I am seriously considering putting in my original appeal something to the effect that as it takes a great deal of time and effort to prepare an appeal to POPLA, I will be claiming compensation from them should POPLA agree with the points I raise above or if they fail to contest the appeal.

                            Comment


                            • #15
                              Re: Parking Charge Notice Letter

                              Guys can anyone help me, I had a parking charge notice on 3/07/17 from an overstay on 08/05/17 (around 7 weeks later) is this enforceable?

                              Comment

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