Parking charge after 14 days but appealed

[Bkkee]

Hi,

Registered keeper received a parking charge notice after about 20 days of the incident from a private landlord (BPA registered) using ANPR only. The keeper has just submitted an appeal tacitly admitting being the driver. Is it too late to write back to the company highlighting the delay of 14 and requesting to cancel the PCN?

Many thanks,

[ostell]

You can but try. What have you got to lose?

Here's my standard out of time appeal:

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. 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


You could add in any other POFA fails that are there.

[Bkkee]

ostell Many thanks for this. The registered keeper had submitted the appeal via www.appealpcn.co.uk before realising the delay from landlord in issuing the parking charge. The website now shows the appeal as in process with no option to edit it. Do you suggest the registered keeper should directly communicate what you proposed directly to the company or reach out to www.appealpcn.co.uk to update the content of the appeal?

Many thanks

[ostell]

So post up a redacted copy of the PCN but leave dates

[Bkkee]

The driver spent a few minutes more between entering and leaving the premises however they firmly believe that they hadn’t parked their car within the parking bay for more than the allowed time. They appealed on this basis however it would be quicker to reject the charge based on the delay in issuing the charge by the company.

[ostell]

They have:

Failed to give the period of parking required by 9 (2) (a) times determined while passing a camera cannot, by definition, be parking.
Failed to give the invitation to the keeper required by 9 (2) (e)
Failed to give warning of keeper liability as required by 9 (2) (f)


Should have a good chance with POPLA

[Bkkee]

ostell you’re a start. Thank you so much. If they pursue the charge then it seems the registered keeper has good chance of winning the appeal via POPLA.

Many thanks

[Bkkee]

Star*

[Bkkee]

So they reject initial appeal as below. They claim 2hr allowed free time correctly applies to the entrance/exit of the premises rather than the parking itself and apparently is in compliance with approved code of practice. If so, should they have not made it clear on the notice boards which read “parking” which is confusing, also the cameras on the entrance have been fitted too high to be visible so normally you wouldn’t even know where they have been fitted (unlike some parking lots where entrance/exits are controlled by barriers + cameras), not sure if any of the above points can make a good case for POPLA in addition to what you’ve suggested earlier;

“Dear Sir/Madam,

Thank you for your correspondence relating to your Parking Charge.

The Charge was issued and the signage is displayed in compliance with The British Parking Association’s Approved Operator Scheme Code of Practice and all relevant laws and regulations.

Clear signs at the entrance of this site and throughout inform drivers of the need to pay for stays exceeding 2 hours, and it is the driver’s responsibility to ensure that they allow enough time to remove their vehicle from the premises within this time limit or pay for parking.

In light of this, on this occasion, your representations have been carefully considered and rejected.

We can confirm that we will hold the Charge at the current rate of £60.00 for a further 14 days from the date of this correspondence.

Please find below the payment options:

Online: www.parkingchargepayment.com
By Telephone: Credit/Debit cards via our automated payment line: 0844 371 8784
By Post: Cheques or Postal Orders to: PO BOX 14836, London, NW3 1WT
----------
You have now reached the end of our internal appeals procedure.

Although we have now rejected your appeal, you may still have recourse to appeal to Parking On Private Land Appeals (POPLA), an independent appeals service. An appeal to POPLA must be made within 28 days of the date of this letter. POPLA will only consider cases on the grounds that the Parking Charge exceeded the appropriate amount, that the vehicle was not improperly parked or had been stolen, or that you were otherwise not liable for the Parking Charge. To appeal to POPLA, please go to their website http://www.popla.co.uk and follow the instructions. If you would rather deal with this matter by post, please contact our Appeals Office and we will send you the necessary paperwork.

Your POPLA reference number is: xxxxxx

Please note that if your appeal does not relate to the above criteria or is rejected by POPLA for any reason, you will no longer qualify for payment at the reduced rate. POPLA will not consider any cases where payment has been made.

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.

Yours faithfully,

CP Plus Ltd.”

Thanks

[Bkkee]

Also, as per parking terms, “parking” suggests to be leaving the car within the bays and there’s no reference to being within the premises. Not sure if this can be used as part of appeal to POPLA.

Thanks,

[Bkkee]

Also, this is the only signage at the “entrance” of the parking, no mention of free parking hours and also BPA’s AOS logo missing which as per BPA’s guidelines should ideally be included at entrance signage. Not sure if this makes any difference though.