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Re: CEL PCN outside 14 day timescale.
If not,
Originally posted by JaySanctuary
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Originally posted by Kati
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If not,
Iwould like to respond as follows :-
Keeperliability cannot apply withoutPoFA 2012 schedule 4 compliance. The operator admits they did notcomply. There is no evidence of who was driving.
Thereis no evidence of compliance with the code of practice #7.
7.1,7.2 & 7.3.
Asthis information is nowhere to be found there is no evidence ofauthority and the appeal must be allowed.
Theoperator has a statutory decleration from Michael Schwartz that theoperator has authority to pursue outstanding parking charge noticesin accordance with the British parking association approved operatorscheme code of practice.Thecode of practice states @19.5 "If the parking charge that thedriver is being asked to payis for a breach of contract or act oftrespass, this chargemustbe proportionate and commercially justifiable. Wewouldnot expect this amount to be more than £100."Thesign submitted states a charge of £150, a sum which they have noauthority to charge.
M1
Keeperliability cannot apply withoutPoFA 2012 schedule 4 compliance. The operator admits they did notcomply. There is no evidence of who was driving.
Thereis no evidence of compliance with the code of practice #7.
7.1,7.2 & 7.3.
Asthis information is nowhere to be found there is no evidence ofauthority and the appeal must be allowed.
Theoperator has a statutory decleration from Michael Schwartz that theoperator has authority to pursue outstanding parking charge noticesin accordance with the British parking association approved operatorscheme code of practice.Thecode of practice states @19.5 "If the parking charge that thedriver is being asked to payis for a breach of contract or act oftrespass, this chargemustbe proportionate and commercially justifiable. Wewouldnot expect this amount to be more than £100."Thesign submitted states a charge of £150, a sum which they have noauthority to charge.
M1
"The operator states that it issued the PCN on the basis that the payment was not made in accordance with the terms displayed in the signage. The appellant has raised a number of grounds for appeal; however, the report will focus solely on the application of PoFA 2012, as this supersedes the other aspects of the appeal. The appellant states the notice to keeper does not comply with Protection of Freedoms Act (PoFA) 2012. After reviewing the evidence provided by both parties, I am not satisfied that the appellant has been identified as the driver of the vehicle in question at the time of the contravention. The operator is therefore pursuing the appellant as the registered keeper of the vehicle in this instance. For the operator to transfer liability for unpaid parking charges from the driver of the vehicle, to the registered keeper of the vehicle, the regulations laid out in section 4 paragraph 9 of PoFA 2012 must be adhered to. Paragraph 9 of Pofa 2012 states (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). The operator has not informed the keeper that the driver is required to pay parking charges and has not advised the keeper that it does not know the name and address of the driver. The operator is also requesting payment is due within 28 days where it should say payment is due after the period of 28 days beginning with the day after that on which the notice is given. I have reviewed the notice to keeper against PoFA 2012 and I am not satisfied that it is compliant, therefore I conclude that the operator has failed to demonstrate that it issued the PCN correctly."
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