Parking Charge Chargcot Rod London

[Funkerelick]

Legal Beagles team.

Hope the week is finding you well.

I have received parking which I think is really unfair. The alleged parking offence took place at Pluse Charcot Rd Collindate London.

I couldn't have been in the car park for more than 3 mins 5 tops and this is because I was trying to read the signage on a very rainy day. I had no intention of parking in a designated and moved my car shortly afterward to a place where my car would be fine.


If there is any help someone here could give me that would be most appreciated


Cheers

Funkerelick

[des8]

You have posted two PCNs, one from UK cpm and the other from Smart Parking.
I can't read the Smart Parking notice, so could you upload it to a hosting site such as Imgur and give us the link?

[Funkerelick]

Legal Beagles team.

Hope the week is finding you well.

I have received parking which I think is really unfair. The alleged parking offence took place at Pluse Charcot Rd Collindate London.

I couldn't have been in the car park for more than 3 mins 5 tops and this is because I was trying to read the signage on a very rainy day. I had no intention of parking in a designated and moved my car shortly afterward to a place where my car would be fine.


If there is any help someone here could give me that would be most appreciated


Cheers

Funkerelick

Hi DES8 thanks for getting back to me.
This is the parking notice (Dated 15/02/24) in question.

I tried to delete the Smart Parking pcn from a previous post but there was no way to delete it.


Cheers


Funkerelick

[des8]

Write to them:

Dear Sirs,
I have received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 by namely, but not limited to, failing to specify the period of parking to which this notice applies as prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

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

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.
Yours etc

Send 1st class with free certificate of posting from Post Office.

They won't accept it as a valid appeal, and you will have to go through the IAS appeals process.
Do not identify the driver, even on here

[Funkerelick]

Write to them:

Dear Sirs,
I have received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 by namely, but not limited to, failing to specify the period of parking to which this notice applies as prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

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

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.
Yours etc

Send 1st class with free certificate of posting from Post Office.

They won't accept it as a valid appeal, and you will have to go through the IAS appeals process.
Do not identify the driver, even on here

Hi DES8 Thanks for your reply.


Regarding this letter. I'm about to send it but out of curiosity, do I sign the letter and put Mr or Mrs _____? Or something else?

Also once I go through IAS appeals what is likely to be the next step or possible scenarios?


Cheers


Funkerelick

[des8]

CPM are one of the more difficult companies to deal with.
I read they delay in responding, send out generic replies which avoid any points you raise and even start court proceedings years down the line.
So you go through the motions and keep all papers for a minimum of 6 years!

Just sign the letter "mr xyz........

[Funkerelick]

CPM are one of the more difficult companies to deal with.
I read they delay in responding, send out generic replies which avoid any points you raise and even start court proceedings years down the line.
So you go through the motions and keep all papers for a minimum of 6 years!

Just sign the letter "mr xyz........

HI DES8

Hopoe you're well. it seems this matter has progressed. After I sent this reply as adivised they sent the letter unread by recorded delivery. Now they have gotten solicitors involved who have sent me a letter saying the money has gone up to 170.00.
Can you instruct me on the best way forward?

Thanks


Funkerelick

[des8]

You can either pay or ignore them or write along the following lines:

I am in receipt of your "Letter of Claim" of 17th ult.

I would advise I am still awaiting your client's response to my appeal of dd mm yy

In any event, as the driver has not been identified , your client cannot transfer liability for any unpaid parking charge from the driver to me the keeper of the vehicle as they failed to comply with the strict requirements of The Protection of Freedoms Act 2012 viz schedule 4 section 9 (2) (e).

If a court claim is initiated, it will be robustly defended.

Yours etc


Could you explain exactly what you meant by " they sent the letter unread by recorded delivery." ?
Do you mean you sent the letter by recorded delivery, and it was returned "unknown" or similar?
If so, do not send letters recorded as the recipient does not need to accept them. A safer way is to send by first class post with a free certificate of posting from the post office. Such letters are deemed delivered within 3 days unless otherwise can be proved.

[Funkerelick]

You can either pay or ignore them or write along the following lines:

I am in receipt of your "Letter of Claim" of 17th ult.

I would advise I am still awaiting your client's response to my appeal of dd mm yy

In any event, as the driver has not been identified , your client cannot transfer liability for any unpaid parking charge from the driver to me the keeper of the vehicle as they failed to comply with the strict requirements of The Protection of Freedoms Act 2012 viz schedule 4 section 9 (2) (e).

If a court claim is initiated, it will be robustly defended.

Yours etc


Could you explain exactly what you meant by " they sent the letter unread by recorded delivery." ?
Do you mean you sent the letter by recorded delivery, and it was returned "unknown" or similar?
If so, do not send letters recorded as the recipient does not need to accept them. A safer way is to send by first class post with a free certificate of posting from the post office. Such letters are deemed delivered within 3 days unless otherwise can be proved.

Hi DES8 Thank you kindly for getting back to me,

In regards to the letter being sent back to me by recorded delivery.
The orginally letter I sent to them with the address on it that "You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 by namely, but not limited to, failing to specify the period of parking to which this notice applies as prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.
" was on the original PCN notice charge. This letter was sent back to me by recorded delivery saying it didnt go to its intended address. My guess they did read it but acted as if it didnt go to the correct address.

My question now is. What is likely to happen if I:

1 - ignore and don't respond
2 - Send this suggested response

I'm just trying to weigh up my options at the moment and see what the future could hold.

It's quite stressfull.

Many thanks.


Funkerelick

[des8]

If you ignore and do not pay they will probably initiate a court claim which will include solicitors fees of £50 plus court costs of £35.

If you send the letter they might just respond they don't agree and then initiate a court claim, or just possibly reduce the amount demanded.

Regarding a court claim
1) you have a good defence in their non compliance with PoFA, as long as they cannot show on the balance of probabilities you were the driver
2) the loading of an extra £70 costs or damages is not acceptable, and disputing it can sometimes have the whole claim dismissed as an abuse of process. At the very least the £70 should be removed from any award if you should lose.
3) understand the thought of court might be daunting. However it isn't as scary as most anticipate! Formality is limited to being polite and calling the judge Sir or Ma'am. Generally the parties sit round a table, or desks pushed together in a small room. As you are a litigant in person most likely the judge will listen to both sides and then ask questions. Cross examination by either party is unusual and shouts of "objection" are exclusively for TV.
4) County Court small claims track is a bit of a lottery and there is no certainty of outcome.

Your choice