Civil Enforcement PCN, appeal advice sought.

[plynchy]

Mods: Please move to appropriate forum, my error.

Hello all

Previously used advice from here and another forum to contest and win an appeal against VCS, very helpful.

Received a PCN yesterday for overstay in a Doctors surgery car park in my home town, offence allegedly took place on a Sunday evening, the surgery is closed at this time, but car park is readily accessible, no barriers etc to prevent entry.

The signage, which is not illuminated after dark, states charges apply at all times and to contact reception to obtain a permit if parking for longer than 45 mins, I was unable to do this as the business was closed. How could one be expected to apply for an extension permit outside of business hours? There is no business name stated on the signage, indicating which reception to attend.

There is normally no charge for parking at this location, hence no loss incurred by the business (or parking contractor), so no grounds for a charge notice to be issued?

I appealed previously using the 'genuine pre-estimate of loss' route which succeeded.

A small time spent researching this morning reveals CE not to be members of the BPA, so as far as I can gather I will not have the same appeals rights?

Any advice very much appreciated. :-)

Signage:



Copy of PCN:

[mystery1]

Re: Civil Enforcement PCN, appeal advice sought.

Keep the drivers identity from them and they can't win.

http://legalbeagles.info/forums/show...ket-on-vehicle

M1

[plynchy]

Re: Civil Enforcement PCN, appeal advice sought.

Keep the drivers identity from them and they can't win.

http://legalbeagles.info/forums/show...ket-on-vehicle

M1

With that in mind, do I have grounds for my appeal based on the PCN being issued to me as the registered keeper, and the assumption that I was the driver? (as a breach of POFA)

I was out of the country and i'm under no obligation to supply the name of whomever was driving as far as i'm aware.

[ostell]

Re: Civil Enforcement PCN, appeal advice sought.

They haven't assumed you were the driver, they are claiming from the keeper, as they are entitled to do under POFA. But they have to get everything correct. Here's POFA, check conformance with paragraph 9, everything in that paragraph.

They are sneaky and are putting the required information in that fine print at the bottom of the letter.

[plynchy]

Re: Civil Enforcement PCN, appeal advice sought.

Thank you for the link.

Unfortunately the PCN appears to comply with paragraph 9, apart from point 7, no evidence was supplied with the PCN.

'The notice to keeper must be accompanied by any evidence prescribed in Regulations made under paragraph 10 of Schedule 4 of the Protection of Freedoms Act 2012. As at February 2013 no such Regulations have been made.'

[mystery1]

Re: Civil Enforcement PCN, appeal advice sought.

Thank you for the link.

Unfortunately the PCN appears to comply with paragraph 9, apart from point 7, no evidence was supplied with the PCN.

'The notice to keeper must be accompanied by any evidence prescribed in Regulations made under paragraph 10 of Schedule 4 of the Protection of Freedoms Act 2012. As at February 2013 no such Regulations have been made.'

I don't see

(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(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;


M1

[plynchy]

Re: Civil Enforcement PCN, appeal advice sought.

I don't see

(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(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;


M1

I'm rightly/wrongly under the impression that they will pursue the RK if no driver details are given?

[mystery1]

Re: Civil Enforcement PCN, appeal advice sought.

They can try but they are going to lose at popla if you follow the link i gave you. They haven't complied with the protection of freedoms act.

It's that simple.

M1