Parking charge notice, London Parking solutions

[takeaguess]

Hello, thanks for reading.

My dad has just returned from a 3.5 week holiday to the following letters, he was on holiday from the 3rd May until last Wednesday, the 27th. He received no ticket on the van which he was with at all times, he also never received any other correspondance until the 1st letter in the attachments.

It looks likes its too late to appeal? Yes its double yellow lines in a private car park, he was stopped there waiting for a lorry to move before he could take his van into the building he is next to, Whitepost Coachworks, where his van was being surveyed for crash/damage repair. The sign in the attached photograph is clearly not the one he is standing next to, I am yet to get nearby to take a picture of that sign, if its even elgible at its height.

I appreciate any response tips I can get back to them with?

[mystery1]

Re: Parking charge notice, London Parking solutions

Wait until next Monday which i make 56 days from the date of event.

Dear Sirs,

Thank you for your letter sent 18/5/15 which appears as if it is meant to be a notice to keeper that complies with the protection of freedoms act 2012 schedule 4 paragraph 8.

As it does not in fact comply with PoFA there can be no keeper liability. Please contact the driver.

Yours etc


M1

[takeaguess]

Re: Parking charge notice, London Parking solutions

I unforutnately missed the 56th day but sent the email on the 57th day and have just had the following reply from administration@paymypcn.net
------------------------------------------------------------------------------------------------------
Thank you for your recent email, the contents of which have been noted.

Your account is now being dealt with by a company called UCS, please direct all correspondences to them on the details below:

Email: admin@contactucs.com

Tel: 03332 005 341

Kindest Regards,

***** ****
PCN Parking Solutions
-----------------------------------------------------------------------------------------------------------

admin@ultimatecustomer.solutions were cc'd in the email

Do I reply to them??

[mystery1]

Re: Parking charge notice, London Parking solutions

The keeper is still not liable and as you have email drop them a line. (i wouldn't have wasted a stamp).

Ref xxxx

Please note that in order to hold a keeper liable the statutory conditions of the protection of freedoms act 2012 schedule 4 paras 7 & 8 must be met to hold the keeper liable.

http://www.legislation.gov.uk/ukpga/...dule/4/enacted

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; and
(b)the vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.


6(1)The second condition is that the creditor (or a person acting for or on behalf of the creditor)—
(a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8


7(1)A notice which is to be relied on as a notice to driver for the purposes of paragraph 6(1)(a) 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 driver of the requirement to pay parking charges in respect of the specified period of parking and describe those charges, the circumstances in which the requirement arose (including the means by which it was brought to the attention of drivers) and the other facts that made those charges payable;
(c)inform the driver that the parking charges relating to the specified period of parking have not been paid in full and specify the total amount of the unpaid parking charges relating to that period, as at a time which is—
(i)specified in the notice; and
(ii)no later than the time specified under paragraph (f);
(d)inform the driver of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;
(e)identify the creditor and specify how and to whom payment may be made;
(f)specify the time when the notice is given and the date.
(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 each specifying different parts of a single period of parking).
(4)The notice must be given—
(a)before the vehicle is removed from the relevant land after the end of the period of parking to which the notice relates, and
(b)while the vehicle is stationary,by affixing it to the vehicle or by handing it to a person appearing to be in charge of the vehicle.
(5)In sub-paragraph (2)(d) 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 driver 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 driver to independent adjudication or arbitration.
8(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) 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)state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f);
(d)if the unpaid parking charges specified in that notice to driver as required by paragraph 7(2)(c) have been paid in part, specify the amount that remains unpaid, as at a time which is—
(i)specified in the notice to keeper, 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, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—
(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (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 (if 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 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.
(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.




It is disputed that a notice to driver was attached to the vehicle and even if it was the statutory conditions laid out by parliament for holding the keeper liable were not met.

Please desist from contacting myself as i was only the keeper. I am under no obligation to name the driver and will not do so. If you know who it is please contact them.

Yours etc

M1