PCN - Euro Car Parks - Overstay - New Cameras

[RSG1997]

Good Morning all,

I am wondering if to battle this case or just pay up for the driver breaching the signs terms and conditions. A previous case i posted before with BW Legal i lost due to not being able to attend the court date and get the time off so had to end up paying and settling up due to poor preparation on my behalf, as well as their defence saw through alot of mine and tore it asunder due to knowing it was templated so they are getting wiser.

The driver of the vehicle on that date, used the car park the remove their vehicle off the road side as their were issues ongoing with the battery and up until recent the parking laws and terms where by a different company where the time permitted was not limited between certain hours. The driver believed the previous terms were still in place and that it was possible to pull in to check the cars condition whilst not being a threat to other road uses due to its location. The terms i believe are 10 minute stay outside the shopping hours i believe to deter people parking there to go into the town. There was no loss of earnings for them either.

I am unsure due to failing the last court date and threats up until the CCJ if i should press this or just pay the fine as i cant deal with another £200 payment for a parking ticket and the headache it all causes. So far i have done a soft appeal but am wondering if to draft up something more formal via email to appeal against this if it is worth it..

Thank you,

RSG
*

[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 give the invitation to keeper in the format 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
*

[RSG1997]

Thanks Ostell for your help again.

I have sent this via email to add onto my first initial appeal which i t would not let me amend so i have detailed that to them on top of my previous. Hopefully this cowboy gives up the chase and it is vexatious of these companies to do this as i have experienced with Britannia / BW Legal, they however don't seem to have a NtK on the same level as BW so i have more hope for this one.

If this progresses and they reject my appeal , is it a case of raising this with the POPLA code and appealing direct ?

*

[ostell]

Has the driver been identified?* *Simple Yes or No

[RSG1997]

Hey,
No Driver has been identified or mentioned by name. The situation of the Driver as to why the vehicle was on the land but no disclosure has been made.

[RSG1997]

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 give the invitation to keeper in the format 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

Hi Ostell, would they not be covered by section 9 (2) (e) (ii) as*section 9 (2) (e) (i) ends with saying or*, and they did the below ?

"if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;"
*

[ostell]

So where is the word "invite"?

[RSG1997]

invite
/ɪnˈvʌɪt/
verb

1. make a polite, formal, or friendly request to (someone) to go somewhere or to do something.
   "we were*invited to*a dinner at the Embassy"

So technically in court if it is a instruction or order and telling me i should do this by a creditor and not a formal polite invitation it voids there stance on relying on the POFA ?

I was always concerned that the Judges would see that is a invitation regardless of the word invite and be a bit more lenient and not pedantic, maybe down to my naivety and knowledge on laws, so my defence here is with the word itself invite and something they failed to meet the criteria of in its definition.

Thank you ! and sorry for the questionings i am just trying to gain a stronger understanding. i appreciate it.

[ostell]

9 (2) starts with "The notice must" and the subsections begin with "state........" I would take that to mean that is what you should see on the notice, not just half of it.

"Should tell us" is not an invitation, more suggesting an absolute authority that must be obeyed
*

[RSG1997]

True so hopefully this time around the cowboys should ride off !

[RSG1997]

invite
/ɪnˈvʌɪt/
verb

1. make a polite, formal, or friendly request to (someone) to go somewhere or to do something.
   "we wereinvited toa dinner at the Embassy"

So technically in court if it is a instruction or order and telling me i should do this by a creditor and not a formal polite invitation it voids there stance on relying on the POFA ?

I was always concerned that the Judges would see that is a invitation regardless of the word invite and be a bit more lenient and not pedantic, maybe down to my naivety and knowledge on laws, so my defence here is with the word itself invite and something they failed to meet the criteria of in its definition.

Thank you ! and sorry for the questionings i am just trying to gain a stronger understanding. i appreciate it.

Hi Ostell,

Please see the rejected appeal and their response made to my email written to them, should i progress this to POPLA appeal ?


Thank you !

[RSG1997]

Would anyone have any guidance on how to proceed with the above please ?