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Parking charge no stopping area

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  • Parking charge no stopping area

    Hi everyone,

    I have received a parking charge from an IPC member for the vehicle that I am the registered keeper off. They allege that I was stopped in a no stopping area.

    their ‘evidence’ is a rather blurry photo of the rear end of my vehicle. At the top of the letter it states notice to keeper MNPR - Manual Number Plate recognition. NON POFA.

    The offence was alleged to have taken place on the 04/06/20 and they issued this notice on 23/07/20.

    It states that you are now invited to

    (I) Pay the unpaid parking charge
    or
    (ii) If you were not the driver of the vehicle, to notify us (in writing using the form attached) of the name of the driver and a current address for service for the driver AND pass this notice on to the driver.

    How should I proceed with this?
    Tags: None

  • #2
    Do they also state that the driver received a ticket on the screen?

    does it say that the keeper can be held liable?

    Compare what is on the notice with POFA https://www.legislation.gov.uk/ukpga...dule/4/enacted All the required items must be there.

    if there was a windscreen ticket then para 8 otherwise para 9

    no windscreen ticket then the Notice to Keeper has to be delivered in 14 days otherwise between days 28 and 56

    So what did the sign say? A photo would help. Does just say " No Stopping" or similar and doesn't actually offer a contract to park

    Comment


    • #3
      Originally posted by ostell View Post
      Do they also state that the driver received a ticket on the screen?

      does it say that the keeper can be held liable?

      Compare what is on the notice with POFA https://www.legislation.gov.uk/ukpga...dule/4/enacted All the required items must be there.

      if there was a windscreen ticket then para 8 otherwise para 9

      no windscreen ticket then the Notice to Keeper has to be delivered in 14 days otherwise between days 28 and 56

      So what did the sign say? A photo would help. Does just say " No Stopping" or similar and doesn't actually offer a contract to park
      Thanks for the reply. No it doesn’t state that the driver received a ticket on the screen. Can’t see anywhere where it states the keeper can be held responsible.

      It does state NON POFA at the top of the letter so I assume POFA does not apply?

      No idea what the signage says and the location of the alleged offence is around 20 miles from where I live.

      Comment


      • #4
        So you might get a copy of the sign using Google Street View and edit the post as suggested.

        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 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


        you could add in the other POFA fails

        if you can send first class post with free certificate of posting from a post office.


        Any appeal will probably be rejected but don't bother to appeal to the IAS. Wait for any letter before claim to arrive

        Comment


        • #5
          Originally posted by ostell View Post
          So you might get a copy of the sign using Google Street View and edit the post as suggested.

          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 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


          you could add in the other POFA fails

          if you can send first class post with free certificate of posting from a post office.


          Any appeal will probably be rejected but don't bother to appeal to the IAS. Wait for any letter before claim to arrive
          Thanks again. Please correct me if I’m wrong but I thought if it says non POFA on the notice then POFA can’t be used in defence?

          Comment


          • #6
            If they are claiming non POFA, despite using POFA phrases, then they can only claim from the unknown driver. That letter just reminds them that the keeper is not liable.

            Comment


            • #7
              Originally posted by ostell View Post
              If they are claiming non POFA, despite using POFA phrases, then they can only claim from the unknown driver. That letter just reminds them that the keeper is not liable.
              Thanks, so I should just use the appeal on their website and include the text you posted above?

              Comment


              • #8
                Yes, appeal as the keeper (be careful) and a copy of every page

                Comment

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