parking charges - does this meet the rules?

[islandgirl]

https://postimg.cc/phrdwBRr
https://postimg.cc/NKyvvPrW

Good afternoon everyone. I have returned from holiday to discover this "invoice" for parking. I have not used an imaging upload site before so hope these links work. I would be very grateful if you wonderful people could have a look at it as I don't think it meets the rules... date of issue 23 May date of "contravention" 3rd May - and no idea who the driver was (and I am not going to tell them). I would be grateful for thoughts.

[des8]

Hi there and you are correct

Suggested standard response is:


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

first class post with free certificate of posting from a post office

Probably won't be accepted, and you may need to go through the POPLA appeal process.

[islandgirl]

des8 thank you so much will do! As I have been away notice to keeper only received after their 14 day "half price bargain offer" so have little to lose by appealing - and the driver remains a mystery of course! Thank you....

[des8]

Be interested to know where this parking incident took place
Airport Parking Company of America supply parking management for many areas (e.g airports. railways efc) which are subject to statutory control.
This means the land is not "relevant "land for PoFA 2012, and so liability for unpaid parking charges cannot be transferred from driver to keeper

[islandgirl]

It is an educational establishment...

[islandgirl]

The first of several parking notices to keeper has just been cancelled...thank you des8 for the wording above. I will keep you all informed.

[islandgirl]

Good afternoon des8 and all other wonderful parking ticket experts. I think the keeper in this thread has identified why several tickets have been issued. An app was signed up to which allowed "one click" payment in a specific car park. The person driving (not the keeper) used this one click system frequently. Therefore parking was paid for. However the keeper then bought a new car and did not change the registered car registration on the app payment system. Therefore the driver paid for parking but for the wrong car (which was of course not present in the car park). All other charges have been avoided using the letter above as issued over 14 days after the vehicle parked. However one is not and has to be contested. Any thoughts how to approach?

[des8]

Could you possibly post up a redacted copy (but leave in dates & times) of the relevant PCN

[islandgirl]

[islandgirl]

[des8]

Sorry, but can't read document in post 9, and when I enlarge it, it becomes too blurry to read
Can you upload to a hosting site and post a link here?

[Huxie]

Sorry, but can't read document in post 9, and when I enlarge it, it becomes too blurry to read
Can you upload to a hosting site and post a link here?

They are on a hosting site. If you click on the photo it takes you to the full size picture on posting.cc

[des8]

Thanks for that Huxie , as you may have realised I am almost completely computer illiterate

For islandgirl APOCA are pretending that PCN, altho' sent to the keeper, is not a NTK.
However I would send them the following:

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 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

[islandgirl]

Thank you! Is it worth mentioning (without identifying the driver) that parking was in fact paid for - albeit under the wrong reg?!

[des8]

It could be mentioned at the beginning of the appeal letter, and request they check their records for the missing payment, as it will show a genuine error, rather like an input error when using a pay & display machine (refer them to BPA operators code sec 17.4
https://www.britishparking.co.uk/wri...n91.2.2024.pdf)

..... and then tell them their NTK is not compliant anyway!