*WON* Earl Haig (Hounslow) parking ticket - won

[Sh17]

@mystery1

I have received a ticket from smart parking in earl haig for staying in the car park for 13 minutes in which i remained in the car at all times. Ive read on this site that you have helped people in the past, I was wondering if you could help me.

Thanks a lot.

[Sh17]

Re: Earl Haig (Hounslow) parking ticket

@mystery1

I have also found a video on youtube that the car park is illegally unlit. The video was taken on the 19th may 2016.

[Sh17]

Re: Earl Haig (Hounslow) parking ticket

@mystery1

Here is the ticket i received

[mystery1]

Re: Earl Haig (Hounslow) parking ticket

http://legalbeagles.info/forums/show...ket-on-vehicle

The driver did not exceed the grace periods required by the bpa code of practice section 13 being 10 minutes to leave and a further period to arrive, park and digest the signs.

M1

[Sh17]

Re: Earl Haig (Hounslow) parking ticket

@mystery1
Thank you very much I will write that in your format and let you know what happens! Really appreciate your help.

[Sh17]

Re: Earl Haig (Hounslow) parking ticket

@mystery1
This is what i will send, is this okay?

"Dear Sirs,

I, as registered keeper, wish to invoke your appeals procedure. The driver did not exceed the grace periods required by the bpa code of practice section 13 being 10 minutes to leave and a further period to arrive, park and digest the signs.


I note that the notice to keeper is fundamentally flawed when compared to the protection of freedoms act 2012 schedule 4 paragraph 9.

Should you reject my appeal, please supply a popla code.

Yours sincerely "

I have a quick question about this bit here "I note that the notice to keeper is fundamentally flawed when compared to the protection of freedoms act 2012 schedule 4 paragraph 9." where have they flawed in this act?

Thanks

[mystery1]

Re: Earl Haig (Hounslow) parking ticket

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

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.




Only shows entry and exit, not period of parking. Don't see the statutory warning in (f) etc

M1

[Sh17]

Re: Earl Haig (Hounslow) parking ticket

Thank you so much, will keep you posted

[Sh17]

Re: Earl Haig (Hounslow) parking ticket

@mystery1

Thank you so much for your help, really appreciate it. The parking ticket has been dropped and the appeal was successful. I even got in in a nice posted letter format lol.