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#Post#: 14080--------------------------------------------------
Re: PCN - POPLA stage for Parked Without A Valid Permit. Elite
Parking Management
DIR By: summer day
Date: January 21, 2024, 5:27 am
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Is this better?
Non Compliant Notice to Keeper
Elite Parking seeks to hold me, the keeper, liable for a parking
charge. However, their attempt fails because they haven't served
a compliant Notice to Keeper (NTK) in accordance with Schedule 4
of the Protection of Freedoms Act 2012 (POFA). This serves as
the essential condition for their claim against me.
Specifically, when relying on paragraph 8 of POFA, as they are
here, a creditor must first issue a Notice to Driver (NTD) and
wait at least 28 days before serving an NTK. In this case, the
alleged parking violation occurred on November 19th, yet the NTK
arrived only on November 23rd. This clearly violates the 28-day
waiting period mandated by POFA paragraph 8(5).
For reference, POFA paragraph 8(1) states that a compliant NTK,
when relying on paragraph 6(1)(a), must fulfil several
requirements, including:
Identifying the vehicle, parking location, and relevant parking
period.
Informing the keeper of the driver's unpaid parking charges.
Mentioning the prior issuance of a Notice to Driver and
repeating specific information from that NTD (as outlined in
paragraph 7(2)(b), (c), and (f)).
Delivering the notice to the keeper within the relevant period
(28 days after the 28-day period following the NTD).
Given the blatant disregard for POFA requirements in Elite
Parking's NTK, I request POPLA to acknowledge the non-compliance
and overturn the issued PCN. The lack of a compliant NTK renders
their claim against me invalid
Concerns about signage:
While Elite Parking presents photos as evidence of signage,
these pictures raise serious concerns about its accuracy and
effectiveness:
Absent sign: The left-hand sign shown entering the street is
completely missing in reality. This casts doubt on the
completeness and reliability of their overall signage strategy.
Lack of visibility: Notably, their photos lack any signage
directly visible from the bay where my vehicle was parked.
Discrepancies: The signs in their photos significantly differ
from the actual appearance and location of the on-site signage.
This discrepancy raises serious doubts about the trustworthiness
of their evidence.
Appeal request:
Given the substantial flaws and discrepancies in Elite Parking's
evidence and signage strategy, I respectfully request that POPLA
overturn the issued PCN.
#Post#: 14147--------------------------------------------------
Re: PCN - POPLA stage for Parked Without A Valid Permit. Elite
Parking Management
DIR By: H C Andersen
Date: January 22, 2024, 10:56 am
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IMO, the main part of the 8 v 9 issue is the time frame for
serving the notice i.e. an 8 cannot be served until at least the
Notice to Driver has expired otherwise this is an attempt at
double recovery.
I refer to your Notice to Keeper (NTK) dated **** in respect of
an event which occurred on ****. I have read this notice
thoroughly and have referred to the references supplied by you
for which I am grateful i.e. Schedule 4 of the Protection of
Freedoms Act 2012(PoFA).
Your notice states the following:
'You are notified that ......
..you are now invited to pay....further recovery action ......
As your notice is dated 19 November 2023, then paras 8(4)and
8(5) of PoFA make it clear that you may not serve a Notice to
Keeper until at least 28 days have elapsed since you issued the
Notice to Driver to which para. 8 refers. The date of the
incident and therefore presumably the date of the Notice to
Driver(NTD) was 19 November and therefore it follows that the
earliest that you could serve a NTK would be 18 December and
that any notice issued prior to this date would be an attempt at
double recovery as well as being proscribed by PoFA, and indeed
your Code of Practice.
It therefore follows that you have not complied with the
precedent conditions of para.4 of PoFA and therefore are unable
to exercise the right to hold the keeper liable.
I cannot comment on the validity of the original NTD and parking
charge and you are no doubt free to continue to pursue the
driver.
add whatever else you like....
#Post#: 14148--------------------------------------------------
Re: PCN - POPLA stage for Parked Without A Valid Permit. Elite
Parking Management
DIR By: summer day
Date: January 22, 2024, 10:57 am
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Thanks, yesterday was my latest day to leave comments so I had
to go with what I had.
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