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Hi there guys,
I have a case almost idential to user SH17 (thread title: **CANCELLED!!!!** U **CANCELLED!!!!** UK Parking Patrol Office PCN - 19 minute overstay).
The user by the name Ostell gave terrific advice on this. Since this case the UKPPO updated their fine letter so I could not use the same appeal. I took it and edited it for my own case and appealed it. However I recieved an email back to say the appeal failed.
My question is, can I do anymore or should I just accept the fine and pay it now?
The intial fine recieved is attached.
My appeal to this letter back to the UKPPO was as follows:
I as the registered keeper appeal this Parking Charge Notice (PCN) further under the following points:
1. The NTK (Notice to the keeper) does not comply with, schedule 4 of The Protection of Freedoms Act 2012, particularly:
[please refer to the attachments!]
a. Section 9 (2) (a) states; !!!8216;specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates.!!!8217;
i. It does not state anywhere on the NTK the period of parking the driver stayed.
ii. The times given are for when the car was moving underneath the cameras and as such could not possibly be considered parked, therefore there is still not a period of parking stated, as required to hold the keeper liable.
b. Section 9 (2) (f) states; warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given!!!8212;
!!!8216;(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid.!!!8217;
[Please refer to !!!8216;IPC Code of Practice!!!8217;]
2. I refer to UKPPO!!!8217;s Accredited Operator, IPC (International Parking Community), !!!8216;Code of Practice!!!8217;:
i. Under, !!!8216;Part B, 15. Grace Periods!!!8217;; It states!!!8217;
!!!61623; !!!8217;15.1 - Drivers should be allowed a sufficient amount of time to park and read any signs so they may make an informed decision as to whether or not to remain on the site.!!!8217;
!!!61623; !!!8217;15.2 - Drivers must be allowed a minimum period of 10 minutes to leave a site after a pre-paid or permitted period of parking has expired.!!!8217;
Where 15.1 is referring to the point of entry and 15.2 referring to point of exit. According to the NTK issued by UKPPO the driver overstayed !!!8217;29 minutes!!!8217;. Going by the UKPPO!!!8217;s Accredited Operator, IPC, Code of Conduct 15.2 (stated above), giving the allowed 10 minute grace period brings the apparent !!!8216;Exceeded Maximum Stay Period!!!8217; down to 19 minutes, which is justified by 15.1. Therefore, UKPPO have not issued the NTK in accordance to the IPC Code of Conduct.
The response from UKPPO to the above apeal is below:
UK Parking Patrol Office Ltd
Department 309,
Great Northern House,
275 Deansgate,
Manchester
M3 4EL
Parking Charge Number: XXXXX
Vehicle Registration Number: XXXXX
Dear Sir/Madam,
Thank you for your letter of appeal against the Parking Charge Notice issued by us.
Having carefully considered the evidence provided by you we have decided to reject your appeal for the following reasons:
The vehicle was parked on private land that is well signed with blue & white contractual notices stating; “90 Minutes Maximum stay, No Return Within 1 Hour”.
Whilst I am unsure of the purpose of the visit to the site, as you have not stated why you were there, you are permitted to park for 90-minutes only. We are aware that this may sound harsh but, the site is extremely busy. Therefore, the landowner implemented a time restriction.
A new Law from 1st October 2012 (part of the Protection of Freedoms Act) changed liability for parking on private land from the driver of the vehicle to the vehicle’s registered keeper, unless the keeper clearly identifies who was driving the car at the time.
There are 24-contractual notices at the site that inform motorists of the contractual terms & conditions of parking at the site. These notices have been audited and approved by our Accredited Trade Association. Therefore, the signage in place is sufficient and adheres to current legislation
Your time at the location starts once you have past the entry camera. The 90-minute stay includes time to read the signs/find a parking bay etc.
Please be advised that the above vehicle registration mark was captured via the Automatic Number Plate Recognition system (ANPR) entering the parking area at
23:27:44 on the 14/09/2019 and again upon exiting at,01:27:13 on the 15/09/19 as can be seen on the photographic evidence that has been provided to you. Therefore, the driver exceeded the maximum stay and the cameras automatically issued a PCN. The vehicle remained at the location for 1 hr 59-minutes. Therefore, although the driver may have surpassed the mandatory grace period by a sort period of time, it was still adhered to.
We are willing to accept a monthly instalment plan. The minimum amount we can accept is £10 per month. Please contact our offices on: 03707 203 807and an operative will be happy to assist you.
In Summation; the terms and conditions of the parking contract, and all charges, are well advertised throughout the development. By remaining at the location, the driver accepted all of the prevailing terms & conditions of the contract, including the charges for breach of that contract.
You have now reached the end of our internal appeals procedure and have a number of options:
1. Pay the Parking Charge Notice at the prevailing price of £60 within 14 days. Please note that after this time you will lose the chance to pay the discounted rate and the full amount of £100 will become payable.
2. If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). Please be advised that if you opt for independent arbitration of your case and are unsuccessful, the full amount of £100 will become payable. In order to appeal, you will need your parking charge number, your vehicle registration and the date the charge was originally issued. Appeals must be submitted to the IAS within 21 days of the date of this letter. Please visit www.theias.org for full details.
3. If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.
The Independent Appeals Service (www.theIAS.org) provides an Alternative Dispute Resolution scheme for disputes of this type. As you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service providing you lodge an appeal to them within 21 days of this rejection.
How to Pay:
YOU ARE REQUIRED TO PAY £60 WITHIN 14 DAYS FROM THE ISSUE OF THIS CORRESPONDENCE. CHEQUES/POSTAL ORDERS SHOULD BE CROSSED AND MADE PAYABLE TO:
The UK Parking Patrol Office Ltd and posted to:
Parking Patrol Collections
Office 309, Great Northern House
275 Deansgate, Manchester
M3 4EL
Alternatively you can pay online at www.parking-tickets.co.uk
Many thanks for anyone who would take the time to help me here!
Kind regards,
PCNMagnet
I have a case almost idential to user SH17 (thread title: **CANCELLED!!!!** U **CANCELLED!!!!** UK Parking Patrol Office PCN - 19 minute overstay).
The user by the name Ostell gave terrific advice on this. Since this case the UKPPO updated their fine letter so I could not use the same appeal. I took it and edited it for my own case and appealed it. However I recieved an email back to say the appeal failed.
My question is, can I do anymore or should I just accept the fine and pay it now?
The intial fine recieved is attached.My appeal to this letter back to the UKPPO was as follows: I as the registered keeper appeal this Parking Charge Notice (PCN) further under the following points:
1. The NTK (Notice to the keeper) does not comply with, schedule 4 of The Protection of Freedoms Act 2012, particularly:
[please refer to the attachments!]
a. Section 9 (2) (a) states; !!!8216;specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates.!!!8217;
i. It does not state anywhere on the NTK the period of parking the driver stayed.
ii. The times given are for when the car was moving underneath the cameras and as such could not possibly be considered parked, therefore there is still not a period of parking stated, as required to hold the keeper liable.
b. Section 9 (2) (f) states; warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given!!!8212;
!!!8216;(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid.!!!8217;
[Please refer to !!!8216;IPC Code of Practice!!!8217;]
2. I refer to UKPPO!!!8217;s Accredited Operator, IPC (International Parking Community), !!!8216;Code of Practice!!!8217;:
i. Under, !!!8216;Part B, 15. Grace Periods!!!8217;; It states!!!8217;
!!!61623; !!!8217;15.1 - Drivers should be allowed a sufficient amount of time to park and read any signs so they may make an informed decision as to whether or not to remain on the site.!!!8217;
!!!61623; !!!8217;15.2 - Drivers must be allowed a minimum period of 10 minutes to leave a site after a pre-paid or permitted period of parking has expired.!!!8217;
Where 15.1 is referring to the point of entry and 15.2 referring to point of exit. According to the NTK issued by UKPPO the driver overstayed !!!8217;29 minutes!!!8217;. Going by the UKPPO!!!8217;s Accredited Operator, IPC, Code of Conduct 15.2 (stated above), giving the allowed 10 minute grace period brings the apparent !!!8216;Exceeded Maximum Stay Period!!!8217; down to 19 minutes, which is justified by 15.1. Therefore, UKPPO have not issued the NTK in accordance to the IPC Code of Conduct.
The response from UKPPO to the above apeal is below:UK Parking Patrol Office Ltd
Department 309,
Great Northern House,
275 Deansgate,
Manchester
M3 4EL
Parking Charge Number: XXXXX
Vehicle Registration Number: XXXXX
Dear Sir/Madam,
Thank you for your letter of appeal against the Parking Charge Notice issued by us.
Having carefully considered the evidence provided by you we have decided to reject your appeal for the following reasons:
The vehicle was parked on private land that is well signed with blue & white contractual notices stating; “90 Minutes Maximum stay, No Return Within 1 Hour”.
Whilst I am unsure of the purpose of the visit to the site, as you have not stated why you were there, you are permitted to park for 90-minutes only. We are aware that this may sound harsh but, the site is extremely busy. Therefore, the landowner implemented a time restriction.
A new Law from 1st October 2012 (part of the Protection of Freedoms Act) changed liability for parking on private land from the driver of the vehicle to the vehicle’s registered keeper, unless the keeper clearly identifies who was driving the car at the time.
There are 24-contractual notices at the site that inform motorists of the contractual terms & conditions of parking at the site. These notices have been audited and approved by our Accredited Trade Association. Therefore, the signage in place is sufficient and adheres to current legislation
Your time at the location starts once you have past the entry camera. The 90-minute stay includes time to read the signs/find a parking bay etc.
Please be advised that the above vehicle registration mark was captured via the Automatic Number Plate Recognition system (ANPR) entering the parking area at
23:27:44 on the 14/09/2019 and again upon exiting at,01:27:13 on the 15/09/19 as can be seen on the photographic evidence that has been provided to you. Therefore, the driver exceeded the maximum stay and the cameras automatically issued a PCN. The vehicle remained at the location for 1 hr 59-minutes. Therefore, although the driver may have surpassed the mandatory grace period by a sort period of time, it was still adhered to.
We are willing to accept a monthly instalment plan. The minimum amount we can accept is £10 per month. Please contact our offices on: 03707 203 807and an operative will be happy to assist you.
In Summation; the terms and conditions of the parking contract, and all charges, are well advertised throughout the development. By remaining at the location, the driver accepted all of the prevailing terms & conditions of the contract, including the charges for breach of that contract.
You have now reached the end of our internal appeals procedure and have a number of options:
1. Pay the Parking Charge Notice at the prevailing price of £60 within 14 days. Please note that after this time you will lose the chance to pay the discounted rate and the full amount of £100 will become payable.
2. If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). Please be advised that if you opt for independent arbitration of your case and are unsuccessful, the full amount of £100 will become payable. In order to appeal, you will need your parking charge number, your vehicle registration and the date the charge was originally issued. Appeals must be submitted to the IAS within 21 days of the date of this letter. Please visit www.theias.org for full details.
3. If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.
The Independent Appeals Service (www.theIAS.org) provides an Alternative Dispute Resolution scheme for disputes of this type. As you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service providing you lodge an appeal to them within 21 days of this rejection.
How to Pay:
YOU ARE REQUIRED TO PAY £60 WITHIN 14 DAYS FROM THE ISSUE OF THIS CORRESPONDENCE. CHEQUES/POSTAL ORDERS SHOULD BE CROSSED AND MADE PAYABLE TO:
The UK Parking Patrol Office Ltd and posted to:
Parking Patrol Collections
Office 309, Great Northern House
275 Deansgate, Manchester
M3 4EL
Alternatively you can pay online at www.parking-tickets.co.uk
Many thanks for anyone who would take the time to help me here!
Kind regards,
PCNMagnet
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