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Notice to Keeper received late (I believe this has to be received within 14 days for the Notice to Keeper to be valid) ?
This is the appeal I sent through to them.
"I dispute your 'parking charge' received yesterday 14/06/2023, as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.
If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.
If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.
As per your notice letter it states that "The notice is deemed to have been given to you on the second working day after the Date of Sending above", as per POFA 9 (6).
Taking into consideration the statement mentioned previously the date that you assume I would have received would be the 13th of June 2023, 16 days after the parking event, however the actual date received was 14th of June 2023 (17 days after).
Because of that 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 have also failed to give notice of keeper liability as required by 9 (2) (f) of the same Act."
I've now had back a letter stating:
"You have now reached the end of our internal appeals procedure. We've considered the points you've raised within your appeal, however we must advise that the PCN has been issued correctly and we're unable to cancel the notice".
It then goes onto say that the T&C's are clearly displayed and payment could have been made via various methods.
They also state:
"Considering the evidence, we (Parking Charge Limited) are satisfied that the PCN has been issued in line with industry standards and is compliant with the British Parking Associations (BPA) code of practice".
They give a further 14 days from the date of the letter (19/06/2023) to pay the 'discounted' £60 amount.
I'm wanting to take it to POPLA if this is going to be successful. Any advise/suggestions would be appreciate as it is all very daunting.
This is the appeal I sent through to them.
"I dispute your 'parking charge' received yesterday 14/06/2023, as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.
If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.
If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.
As per your notice letter it states that "The notice is deemed to have been given to you on the second working day after the Date of Sending above", as per POFA 9 (6).
Taking into consideration the statement mentioned previously the date that you assume I would have received would be the 13th of June 2023, 16 days after the parking event, however the actual date received was 14th of June 2023 (17 days after).
Because of that 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 have also failed to give notice of keeper liability as required by 9 (2) (f) of the same Act."
I've now had back a letter stating:
"You have now reached the end of our internal appeals procedure. We've considered the points you've raised within your appeal, however we must advise that the PCN has been issued correctly and we're unable to cancel the notice".
It then goes onto say that the T&C's are clearly displayed and payment could have been made via various methods.
They also state:
"Considering the evidence, we (Parking Charge Limited) are satisfied that the PCN has been issued in line with industry standards and is compliant with the British Parking Associations (BPA) code of practice".
They give a further 14 days from the date of the letter (19/06/2023) to pay the 'discounted' £60 amount.
I'm wanting to take it to POPLA if this is going to be successful. Any advise/suggestions would be appreciate as it is all very daunting.
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