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I have received a parking Charge Notice from C.U.P Enforcement on the 02.11.2022 for a "parking offence" on the 02.08.2022. I have been and checked this morning and there is a notice up stating tha ANPR cameras may be in use on this site. Firstly, the notice does not have a site number written on it and secondly the driver can't remember the sign being there at the time 2 months ago. Can I appeal this charge?
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If that is the first notice you have received, and if the vehicle is registered in your name, they are well out of time to transfer liability to the keeper.
Read POFA 2012 schedule 4 (https://www.legislation.gov.uk/ukpga...dule/4/enacted) to see if there are other failures -
Thank you so much for you help but I am not sure if the charge states the "Protection of Freedom Act" on there and I have read somewhere that they have 7 months to send out the charge.Originally posted by des8 View Post
If that is the first notice you have received, and if the vehicle is registered in your name, they are well out of time to transfer liability to the keeper.
Read POFA 2012 schedule 4 (https://www.legislation.gov.uk/ukpga...dule/4/enacted) to see if there are other failuresComment
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Post up a redacted copy of your notice, and we will check it for you
Is the vehicle registered in your name?Comment
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OK, I will have to do it tomorrow as I dont' have it with me at the moment. Yes it is.Originally posted by des8 View PostComment
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Hi DES8
I have attached a copy of the Parking Charge Notice as you will see the time can't been seen on there because it is so small under the picture of the car you need a magnificing glass to see it. It does actualy have on the back page POFA 2012Comment
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Suggested letter:
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
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Hi Des8
I have had a reply from CUP enforcement rejecting my appeal. I have attached theie reply.Comment
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It doe say on they reply that "as the confirmed driver and registered keeper you are now liable for the parking charge" but I never said I was the driver.Comment
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So go back and point out that you have not identified the driver, and there is no legal obligation for you to do so and accordingly you are now appealing to POPLA.
As the notice was not received in time you should win
You could add in your appeal that the driver does not recall the notice re ANPR cameras, altho' you are advised they are now in position.
I wonder why they say you are the confirmed driver.
Hopefully you have not given them reason to infer the identity of the driver, and make sure you don't when filing your appealComment
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No, there was a drop down box to tick saying Registister Keeper, driver and somehting else and i definiately ticked the registister keeper not driver box. thanks again for your help
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Hope they haven't forged a tick on that drop down, or that you kept a copy of what you sent!Comment
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Hi , what was the outcome of this, as I am in a similar situation. would be good to know what happened.Comment
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