PCN from London parking solutions

[mers]

Re: PCN from London parking solutions

Coz I couldn't post a pic x

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How do I prove I wasn't in London?

[mystery1]

Re: PCN from London parking solutions

You can't really unless you could prove you were somewhere else.

You can deny it though and they'll need some kind of evidence to refute your denial.

I'll sort an appeal out later. In the meantime if you can think of being somewhere else or have a shop receipt etc.

M1

[mers]

Re: PCN from London parking solutions

I was deffo at my friends in Dartford the boys had their hair cut and me and my friend discussed my highlights

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Thank you [MENTION=5354]mystery1[/MENTION] much appreciated xxx

[mystery1]

Re: PCN from London parking solutions

I was deffo at my friends in Dartford the boys had their hair cut and me and my friend discussed my highlights

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Thank you @mystery1 much appreciated xxx

In order to appeal this to the IAS you must file everything at the same time. The appeal and any documents, photos and witness statements.

I was deffo at my friends in Dartford the boys had their hair cut and me and my friend discussed my highlights

Witness statements to back that up would be good (note do not say you were driving just that the vehicle was there)


Change as required.





I wish to appeal this parking charge notice of the following grounds.

1. The vehicle was elsewhere.

2. There was no contract.

3. There is no keeper liability.



1. The vehicle was at xxxxxxxxxx at the time. I know so because my children were getting their haircuts at the time. I also enclose a statement by xxxxxxxxxxxx to confirm this (exhibit 1).

2. As the vehicles was elsewhere there can be no contract formed.Had the vehicle actually been there the sign (exhibit 2) states that parking is for "permit holders only". As the vehicle nor any of the drivers that could drive the vehicle have a permit for the car park at this location it is clear that there was no offer consideration or acceptance and as such no contract could ever have been agreed.

The sign also says a valid tax disc must be displayed when in fact there is no such thing and even in historic times when there was such a thing the operator has nothing to do with it and as such it is another item which is incapable of being agreed.

3. The notice to keeper fails to comply with the protection of freedoms act 2012 schedule 4.

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.






The notice to keeper does not specify a period of parking. The notice merely indicates a time. The IPC code of practice at 15 makes reference to the fact that entry is not parking and dictates a grace period must be allowed partly for this very reason. As the keeper is not the person who was driving the keeper cannot know what the period of parking is and the legislation dictates it must be specified, presumably for that very reason. In Woodchester v Swayne & Co [1998] EWCA Civ 1209 (14 July 1998) it was held that the specified information required to be provided by legislation should indeed be accurate and that the failure made the relevant notice invalid. It was also the deciding factor in Parking Eye v Mrs X Case No: 3JD08399 IN THE ALTRINCHAM COUNTY COURT.
http://nebula.wsimg.com/c289944f81b4...&alloworigin=1


Sections E & F has not been complied with at all. Other sections are not totally complied with either. The keeper is not invited to pay. As such keeper liability can never be utilised.



As the vehicle was not at the location libelled and there being no contract, no keeper liability and no contract in any event the appeal should be upheld.



M1

[mers]

Re: PCN from London parking solutions

Will get it sent off today