Pcn - smart parking (puregym carpark)

[demonking007]

Please delete this post its no longer needed now

Kind regards.

[demonking007]

Please delete this post its no longer needed now

Kind regards.

[ostell]

Load onto a hosting site such as imgur and put a link on here

[demonking007]

Please delete this post its no longer needed now

Kind regards.

[demonking007]

Please delete this post its no longer needed now

Kind regards.

[demonking007]

Please delete this post its no longer needed now

Kind regards.

[ostell]

Dear Sirs,

I have just 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 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. Posting on day 14 is insufficient, the notice has to be received within the relevant period of 14 days. 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.

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

First class post with a free certificate of posting from a post office.


They will reject but when you appeal to POPLA with the other POFA fails you should be successful

[demonking007]

Please delete this post its no longer needed now

Kind regards.

[ostell]

Check the days on your calendar, they sent it on day 14. The notice has to be received within 14 days and it is assumed two working days from sending for it to be received. Did you read what I wrote for you or the section of POFA referenced?

While you are there you can look for the other POFA fails for your POPLA appeal.

[demonking007]

Please delete this post its no longer needed now

Kind regards.

[ostell]

Why did they reject, or did they not give a reason?

So you appeal to POPLA about the multiple failures to comply with POFA. Read POFA 9 (2) and see what is incorrect besides the dates

[ostell]

Failures that the KEEPER relates to POPLA are:

9 (2) (a) No required period of parking specified. Timings given when a car is moving in front of a camera cannot, by definition, be parking
9 (2) (b) No required statement of driver liability as prescribed
9 (2) (e) No required invitation to keeper in the prescribed format
9 (2) (f) No required warning of keeper liability
9 (4) Failure to deliver the Notice within the relevant period of 14 days. Issuing on day 14 is insufficient as 2 days for delivery are assumed 9 (6)

So as long as the identity of the driver is not known then this should be a successful appeal or a no contest.

[demonking007]

Please delete this post its no longer needed now

Kind regards.

[ostell]

So what is to say that the driver is the registered keeper? So PureGym know nothing about the parking industry or are taking the can't be arsed approach.

So you appeal to POPLA as the keeper of the vehicle

So the driver entered the car VRM into the terminal, either incorrectly or the machine misread. If it's a touch screen then I know how often I manage to mistype on a touch screen. Besides the BPA code of practise obliges them to ignore minor keying errors

17.4 The Code recognises that keying errors can be grouped into 2 main areas;
A) Minor Keying Errors
Examples of a minor keying error could include: • 0 instead of o. • I instead of L. • 1 instead of I • Up to one letter wrong, removed, or swapped • Up to one number wrong, removed, or swapped • Numbers and/or letters in the wrong order (but where the correct registration is still recognisable) These are minor errors where up to one character has been entered incorrectly, or where the registration has been entered in the wrong order. If a typing error such as this leads to a PCN being issued and the motorist appeals, the PCN must be cancelled at the first stage of appeal.

B) Major Keying Errors
Examples of a major keying error could include: • Motorist entered their spouse’s car registration • Motorist entered something completely unrelated to their registration • Motorist made multiple keying errors (beyond one character being entered incorrectly) • Motorist has only entered a small part of their VRM, for example the first three digits

My highlighting

You must introduce this into your keeper appeal to POPLA, as well as the unlit signs and the driver visiting at night.

[demonking007]

Please delete this post its no longer needed now

Kind regards.