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Hi
I recently received a 'Parking Charge Notice' from Civil Enforcement Ltd and plan to appeal. I have drafted an appeal letter using various sources (including these forums) and would be grateful for peoples opinions / advice.
For some reason I am unable to attach a copy of the PCN but the details are as follows:
PCN no. XXXXXXXXXX
PCn issue date. 27/07/2015
Incident Date. 06/07/2015
"on 6 July 2015 the above vehicle was parked at:
XXXXXX
from. XXX To XXXX
We therefore require payment of the parking charge notice. In accordance with the parking terms and conditions clearly stated on the signage.
Payment not made in accordance with terms displayed on signage.
amount due. Within 28 day £100
reduced amount is paid within 14 days £60
Thanks!
_____________
Dear Sir/Madam
The unlawful issue of a ‘Notice to Keeper’ (BPA AOS Code of Practice B.22)
I am the registered keeper of a xxxxxxxxxx motor vehicle registration number xxxxxxxxxxx
I refer to your ‘Parking Charge Notice’ (copy attached) dated xxxxxxxxxx 2015.
The first matter that I would like to raise is that the £100 parking charge is excessive and in breach of Para 19.5 of the British Parking Association Ltd AOS Code of Practice.
Next, CEL is dealing with its claim in accordance with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 (POFA). The document that you have (incorrectly) titled as a ‘Parking Charge Notice’ is prescribed under PoFA as a ‘Notice to Keeper’
The requirements of Schedule 4 PoFA are quite clear in that there must be strict compliance with all of its requirements in order to take advantage of the rights granted under that Act to pursue the registered keeper in respect of a driver’s alleged debt.
The BPA Code of Practice supports the need for strict compliance (para 21.5 refers).
CEL has however failed to comply with the statutory requirements as follows;
Your company would have been well aware of these facts when it took the decision to send out the Notice to Keeper. You have misrepresented the legal position in the full knowledge that no such keeper liability existed.
I therefore expect you to immediately cancel the ‘parking charge’ and inform me, in writing that you have done.
If however, you reject this challenge, then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer this matter (and any further issues that I may subsequently raise) for their adjudication on the matter.
Yours sincerely
I recently received a 'Parking Charge Notice' from Civil Enforcement Ltd and plan to appeal. I have drafted an appeal letter using various sources (including these forums) and would be grateful for peoples opinions / advice.
For some reason I am unable to attach a copy of the PCN but the details are as follows:
PCN no. XXXXXXXXXX
PCn issue date. 27/07/2015
Incident Date. 06/07/2015
"on 6 July 2015 the above vehicle was parked at:
XXXXXX
from. XXX To XXXX
We therefore require payment of the parking charge notice. In accordance with the parking terms and conditions clearly stated on the signage.
Payment not made in accordance with terms displayed on signage.
amount due. Within 28 day £100
reduced amount is paid within 14 days £60
Thanks!
_____________
Dear Sir/Madam
The unlawful issue of a ‘Notice to Keeper’ (BPA AOS Code of Practice B.22)
I am the registered keeper of a xxxxxxxxxx motor vehicle registration number xxxxxxxxxxx
I refer to your ‘Parking Charge Notice’ (copy attached) dated xxxxxxxxxx 2015.
The first matter that I would like to raise is that the £100 parking charge is excessive and in breach of Para 19.5 of the British Parking Association Ltd AOS Code of Practice.
Next, CEL is dealing with its claim in accordance with the requirements of Schedule 4 of the Protection of Freedoms Act 2012 (POFA). The document that you have (incorrectly) titled as a ‘Parking Charge Notice’ is prescribed under PoFA as a ‘Notice to Keeper’
The requirements of Schedule 4 PoFA are quite clear in that there must be strict compliance with all of its requirements in order to take advantage of the rights granted under that Act to pursue the registered keeper in respect of a driver’s alleged debt.
The BPA Code of Practice supports the need for strict compliance (para 21.5 refers).
CEL has however failed to comply with the statutory requirements as follows;
- In regards to paragraph 9(2)(h) of Schedule 4, PoFA 2012. Whilst your ‘Notice to Keeper’ has indicated that you require a payment to be made to CEL, there is no specific identification of the “Creditor”, who may, in law, be CEL or some other party. PoFA requires a ‘Notice to Keeper’ to have words to the effect that “The Creditor is….” The wording of Paragraph 9(2)(h) of Schedule 4 of PoFA does not indicate that the “creditor must be named, but “identified”. To “identify” a “Creditor” a parking company must do more than name that person. The driver is entitled to know the identity of the party with whom they are legally contracted.
- CEL has failed to provide any evidence that it, or a third party, is entitled to enforce an alleged breach of contractual terms and conditions.
- CEL have failed to comply with paragraph 9.4 of Schedule 4 of the Act in that you failed to issue the Notice to Keeper within the “relevant period”. The alleged infringement occurred on the xxth xxxxx 2015 and no ‘Notice to Driver’ was issued at the time. The Notice to Keeper is dated xxth xxxxxx 2015 which is xx days after the event and too late to ensure delivery within the statutory 14 days prescribed by PoFA. Paragraph 9(4) indicates that the Notice to Keeper must be given to the registered keeper not more than 14 days after the car allegedly infringed the car park terms and conditions.
Your company would have been well aware of these facts when it took the decision to send out the Notice to Keeper. You have misrepresented the legal position in the full knowledge that no such keeper liability existed.
I therefore expect you to immediately cancel the ‘parking charge’ and inform me, in writing that you have done.
If however, you reject this challenge, then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer this matter (and any further issues that I may subsequently raise) for their adjudication on the matter.
Yours sincerely
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