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PCN for private car park

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  • PCN for private car park

    Good afternoon ,

    I'd received a parking charge of £100 (£60 if paid within 14 days)

    I’d parked my car in a private car park for uni, but for forgot to put a ticket on because I was in a rush, and remembered around an hour later. I'd eventually paid for a ticket via the app.

    For reference, I have included the entry and exit times, along with the duration of the ticket purchased:

    • Entry time: 09:11:15

    • Exit time: 12:34:38

    • Ticket duration : 10:22 - 13:23

    These are links to the letter (two pages), I've hidden the reg, name & address and reference number:
    https://drive.google.com/file/d/1i0v...w?usp=drivesdk

    https://drive.google.com/file/d/1we_...w?usp=drivesdk
    Tags: None

  • #2


    For starters you could try a letter along the following lines:


    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


    Send the letter by first class post with a free certificate of posting from post office

    They probably believe showing times of entry and exit suffices, but the law (Protection of Freedoms Act 2012 Sch4 sec 9 (2)(a) ) actually states "The notice must ,,, specify ....... the period of parking to which the notice relates;"
    That notice does not comply.
    Additionally of course the driver appears to have paid the appropriate amount for the period of parking, but as it was paid late that may or may not be a defence. It may depend on the wording of the signs,
    and if the signs were easily legible etc etc



    ​​​​​​​

    Comment


    • #3
      Good afternoon & thank you for the template.

      I’d sent the letter and I’ve uploaded their response.

      Should I pay the fine?
      Attached Files

      Comment


      • #4
        Whether or not you pay the charge (it is not a "fine") is entirely up to you.
        More than likely they haven't even read your appeal.
        Parking companies send out template responses which do not address the points raised, and hope that their victims just pay up.

        I would not. I would appeal to POPLA which costs you nothing, and if I lost there I would defend the matter in court.

        We can help you with a POPLA appeal, but a photo of the signs would be useful

        Comment


        • #5
          Good evening,

          I managed to take some pics of the signs. Hoping these are useful.
          Attached Files

          Comment


          • #6
            Never seen a parking sign written like that! I wonder how many peeps have ever read those Terms & Conditions, or even if they can be read

            How much did you pay for parking?

            Comment


            • #7
              I’d paid £2.20

              Do you still think I should appeal, if so, what could I write to POPLA?

              Comment


              • #8
                An appeal to POPLA will probably lose, but doesn't cost.
                After that you will (if they run to form) receive a series of laughable red threatogram demands.

                I don't know of any case where Initial have taken court action against the keeper in a parking event

                Really up to you whether or not to appeal
                If you want to appeal, we can help draft it for you

                Comment

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