London parking solutions PCN HELP!!! 3/4 won 1/4 undecided.

[Kati]

Re: London parking solutions PCN HELP!!!

[MENTION=5354]mystery1[/MENTION] :

[mystery1]

Re: London parking solutions PCN HELP!!!

Keeper liability.


The operators primia facie case states that "the operator is seeking keeper liability in accordance with pofa"




The protection of freedoms act 2012 schedule 4 allows the opportunity for parking companies liable for the actions of the driver but only if full compliance is achieved. In the case of an ANPR situation compliance with section 9 is required.








Right to claim unpaid parking charges from keeper of vehicle
















4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.
(2)The right under this paragraph applies only if—
(a)the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met ....








6(1)The second condition is that the creditor (or a person acting for or on behalf of the creditor)—
















(b)has given a notice to keeper in accordance with paragraph 9.


9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.
(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;
(c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;
(d)specify the total amount of those parking charges that are unpaid, as at a time which is—
(i)specified in the notice; and
(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));
(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
(i)to pay the unpaid parking charges; or
(ii)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;
(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;
(g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;
(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;
(i)specify the date on which the notice is sent (where it is sent by post) or given (in any other case).
(3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).
(4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.
(7)When the notice is given it must be accompanied by any evidence prescribed under paragraph 10.
(8)In sub-paragraph (2)(g) the reference to arrangements for the resolution of disputes or complaints includes—
(a)any procedures offered by the creditor for dealing informally with representations by the keeper about the notice or any matter contained in it; and
(b)any arrangements under which disputes or complaints (however described) may be referred by the keeper to independent adjudication or arbitration.


If the operator is relying on paragraph 9 of PoFA then the requirements have not been met.

There is no period of parking, merely a specific time. The statutory warning in 9 (f) is incorrect as it only offers 28 days and does not allow time for the notice to be given which is at least 2 days as per the act.

It does appear that the operator may be utilising paragraphs 7 & 8 as they claim to have issued a notice to driver in the notice to keeper. The operator has failed to meets the requirements in paragraph 8 parts 4 and 5 and as they were not given in the correct time frame, are invalid and there can be no keeper liability. Incident date 14/01/16 and date of posting the notice to keeper 22/01/16 is not at least 28 days.


The notice to keeper being flawed means the operator cannot rely on Pofa as the state and with the drivers identity being unknown the charge should be cancelled.





Edit for each.

M1

[Jemmak210315]

Re: London parking solutions PCN HELP!!!

Thank you. I have submitted 3 x appeals with the above and will advise when they come back with a decision.

[Jemmak210315]

Re: London parking solutions PCN HELP!!!

The IAS have come back and said the following, quote:

"Thank you for your appeal. Due to further information London Parking Solutions Ltd has confirmed they will no longer be pursuing the matter and the parking charge has been cancelled".

They have cancelled 3 x parking charges!! Thank you so much for the appeal letter!

Just one left to appeal now, I will come back to you if they reject my first appeal.

Many thanks

[Jemmak210315]

Re: London parking solutions PCN HELP!!! 3/4 won 1/4 undecided.

Hi there,

Appeal for the additional parking charge mentioned previously was rejected. I've emailed a copy of the letter to the email address as before so you can see the details, please can you help with this appeal.

The basis for this ticket was that I received nothing in the way of a ticket on my car, just a charge that already totalled £100.

Many thanks

Ps do you also deal with UKPC appeals as I'm currently trying to dispute with them as well!?!!!

[Kati]

Re: London parking solutions PCN HELP!!! 3/4 won 1/4 undecided.

Got it

If you start a new thread for your UKPC one, I'm sure [MENTION=5354]mystery1[/MENTION] will be able to help xx

[mystery1]

Re: London parking solutions PCN HELP!!! 3/4 won 1/4 undecided.

Same again then, register intent to appeal.

M1

[Jemmak210315]

Re: London parking solutions PCN HELP!!! 3/4 won 1/4 undecided.

Can I just check which appeal wording I need to use as they worded their most recent parking charge with different wording to the others?

Thanks

I will also start another thread for the UKPC ones!

[mystery1]

Re: London parking solutions PCN HELP!!! 3/4 won 1/4 undecided.

Can I just check which appeal wording I need to use as they worded their most recent parking charge with different wording to the others?

Thanks

I will also start another thread for the UKPC ones!

The appeal will come after they lodge the prima facie case.

:okay:

UKPC is totally different as they belong in the BPA not the IPC.

M1

[Jemmak210315]

Re: London parking solutions PCN HELP!!! 3/4 won 1/4 undecided.

Ok will use the wording as before to register my intent to appeal. Will also start a separate thread for UKPC as I've had some tickets issued by them as well (I do not feel I am in the wrong)

Thanks

[mystery1]

Re: London parking solutions PCN HELP!!! 3/4 won 1/4 undecided.

There is no wording until after they do that as far as i know ?

https://www.theias.org/userguide/article/57




After that, once they respond, http://www.legalbeagles.info/forums/...0&d=1457350533 that's when we write an appeal.

M1

[Jemmak210315]

Re: London parking solutions PCN HELP!!! 3/4 won 1/4 undecided.

Oh yes apologies I am getting mixed up, too many tickets to keep track of! I will register intent to appeal with IAS.

[Jemmak210315]

Re: London parking solutions PCN HELP!!! 3/4 won 1/4 undecided.

The operator has responded via the IAS. I will email [MENTION=49370]Kati[/MENTION] with the screen shot of their case.

They make reference to the other 3 x PCN's, which I have recently won, so would like to make some reference to that in this appeal of possible. They are basically saying they I am continuing to ignore the signage which is not the case as this is a historic PCN issued before any of the previous ones. And I have not parked there since!

Thanks again

[Kati]

Re: London parking solutions PCN HELP!!! 3/4 won 1/4 undecided.

Got them

[mystery1]

Re: London parking solutions PCN HELP!!! 3/4 won 1/4 undecided.

I'll get back to you this week.

M1