Smart Parking PCN

[momy3]

They claim to have right to seek for payment of an unauthorised car in a private property

[momy3]

Exactly!! As per your last message.

Should I add the last part of your last comment to the letter and take out the part of the ticket payment off.

[ostell]

I've managed to read the PCN, just, but it seems that the alleged breach is unauthorised parking or failing to pay for the period. Please point out to them, that failing to pay in a free car for a visit less than the free period is a nonsense.

Get that letter from the keeper off. Insert in the letter:
You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

[momy3]

Hi ostell, I have written out what should be sent it. I have collated what you have been writing, and just want to be sure its okay. Please can you help take a look? Thank you.

I am the keeper of the car. The alleged breach of non payment is ridiculous as there is proof of ticket obtained, which will be attached to this letter. Also, issuing a ticket to a number you knew was not in your car park you have accepted the variation of contract by performance. You have also failed to comply with the requirements of Schedule 4 of the Protection of Freedom Acts 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

[ostell]

I am the keeper of car VRM xxxxx and am in receipt of your PCN XXXXX.

Your reason for issuing the PCN was that no payment was made. As this car park is signed as being free for the first 3 hours this alleged breach of failing to pay for a stay of 12 minutes, as evidenced by your own PCN, can only be described as an absolute nonsense.

If you are contending that the the VRM was entered incorrectly, as appears to be common in these situation, then I can only assume that your ticketing machine malfunctioned during the drivers entry of the VRM. However, if your systems continued to issue a ticket knowing full well that a car with the VRM that was read by your machine was not in the car park, as determined by your ANPR cameras, then it must be assumed that you have, by performance, accepted this difference as a variation of the contract you offer..

You have also failed to comply with the requirements of Schedule 4 of the Protection of Freedom Acts 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc.

[momy3]

I am litrerally short of words, I truly appreciate your time for typing all these out and all the help you have rendered. God Bless.

Thank you..

[ostell]

If they don't cancel, but probably will, then POPLA will because of the POFA failure.

[momy3]

I will update, once they reply.
Thanks again

[momy3]

Hi ostell, hope you are great.

She got a reply back and they swiftly boycotted the fact that the Keeper sent the letter and addressed the driver. They rejected the claim and increased the penalty to the full amount. Would upload the reply. I appreciate you looking into it. Thank you

[ostell]

You could write back as the keeper as ask them why they are sending a letter addressed to the alleged owner of the car when they have no such knowledge of the matter, and they are attempting to show an authority that they do not have which is contrary to the BPA CoP. . This letter is outside requirements of POFA and therefore irrelevant. You ask that they respond to your previous letter and also issue a POPLA code.

[momy3]

Okay thank you. I appreciate

[momy3]

Hello ostell,

Im about to reply them and noticed you wrote that “ letter was sent to alleged owner” I’m confused a little about that. The letter uploaded yesterday was addressed to Driver, even though it was the owner keeper who replied the letter. So letter was sent to alleged driver, is that what you mean?
Cheers

[ostell]

Look at the letter, it is saying "Notice to Owner"

What exactly has been going on, who has been writing and calling themselves what.

[Tinny]

Went back to read thread

[momy3]

ostell A BIG THANK YOU!!
Letter was received today and it been cancelled. Aunty is very happy. Thank you again.