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#Post#: 50191--------------------------------------------------
PCN in private car park - parked overnight
DIR By: rsk_1
Date: December 17, 2024, 5:35 am
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Hey all
I have received a PCN from UKPS for £100
The signs I have attached to this post are scattered all over
the car park.
I went to a Mcdonalds at 2am, and pulled into the large car park
(which I have always gone to but never so late)
The PCN says reason is for: Unauthorised Parking
Just wanted to ask from the wording of the sign:
"Not be parked overnight between the hours of 12am and 6am"
So i guess this means even if i have parked in the car park for
5 minutes, i have no leg to stand on with this right?
[attachment deleted by admin]
#Post#: 50192--------------------------------------------------
Re: PCN in private car park - parked overnight
DIR By: DWMB2
Date: December 17, 2024, 5:49 am
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Please show us the Parking Charge Notice received.
#Post#: 50197--------------------------------------------------
Re: PCN in private car park - parked overnight
DIR By: rsk_1
Date: December 17, 2024, 6:34 am
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Thank you so much for replying.
The car park was pitch black so I did not see the signs and I
think they have only been put up recently, when i went in the
day time there was signs displayed inside car park. But i dont
get it because im sure lots of people have parked there in the
night for a few minutes.
I have attached PCN
Please help if anyone can
Thanks
[attachment deleted by admin]
#Post#: 50199--------------------------------------------------
Re: PCN in private car park - parked overnight
DIR By: rsk_1
Date: December 17, 2024, 6:34 am
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2nd image
[attachment deleted by admin]
#Post#: 50211--------------------------------------------------
Re: PCN in private car park - parked overnight
DIR By: rsk_1
Date: December 17, 2024, 7:29 am
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If anyone can help or offer advice id really appreciate it
I guess I need to just pay up right?
#Post#: 50220--------------------------------------------------
Re: PCN in private car park - parked overnight
DIR By: DWMB2
Date: December 17, 2024, 9:14 am
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You posted less than 4 hours ago. This a forum offering you free
advice, staffed entirely by volunteers. Please be patient, and
don't bump your thread if you don't receive an immediate
response.
#Post#: 50226--------------------------------------------------
Re: PCN in private car park - parked overnight
DIR By: Dave65
Date: December 17, 2024, 9:34 am
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I cannot see any "Invitation to the keeper" to pay this charge.
#Post#: 50237--------------------------------------------------
Re: PCN in private car park - parked overnight
DIR By: rsk_1
Date: December 17, 2024, 11:26 am
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Apologies. I just get abit anxious due to not knowing my rights.
And the 14 days I believe expires on Thursday. Also I was
genuinely just seeing if I can get any sound advice
#Post#: 50247--------------------------------------------------
Re: PCN in private car park - parked overnight
DIR By: b789
Date: December 17, 2024, 12:14 pm
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The Notice to Keeper (NtK) is not PoFA compliant. However, you
are dealing with an IPC member and as most initial appeals are
rejected, a secondary appeal to the IAS would be a waste of time
and effort. Here is a suggested appeal:
--- Quote ---
> I am writing as the registered keeper of the vehicle
referenced in your Parking Charge Notice (PCN) Number [PCN
number]. Your Notice to Keeper (NtK) fails to comply with the
mandatory requirements of Schedule 4 of the Protection of
Freedoms Act (PoFA) 2012, specifically Paragraph 9(2)(f).
>
> Under Paragraph 9(2)(f), the NtK must warn the keeper that the
creditor will have the right to recover the charge from the
keeper if, after 28 days beginning with the day after that on
which the notice is given, the amount remains unpaid, and the
creditor does not know both the name of the driver and their
current address for service.
>
> Your NtK fails to meet this requirement because it states:
>
> [indent]“the creditor, UKPS Limited, has the right to recover
unpaid charges from the registered keeper if the parking charge
remains unpaid after 28 days, or the name and address of the
driver is not known.”[/indent]
>
> This wording is non-compliant for the following reasons:
>
> [indent]1. It omits the mandatory legal phrase: “28 days
beginning with the day after that on which the notice is given”.
>
> 2. By failing to clearly define the starting point of the
28-day period, the NtK introduces ambiguity regarding the
deadline for payment.[/indent]
>
> To illustrate:
>
> [indent]• Issue Date of the Notice: 5th December 2024
(Thursday).
>
> • Under PoFA, a notice sent by post is deemed delivered 2
working days later (Interpretation Act 1978).
>
> • The notice is, therefore, deemed delivered on 9th December
2024 (Monday).
>
> • The 28-day period begins the day after delivery, i.e., 10th
December 2024 (Tuesday).
>
> • Adding 28 days to this gives a correct deadline of 6th
January 2025 (Monday).[/indent]
>
> Your flawed wording misleadingly implies that the 28 days:
>
> [indent]• Begin on the incident date (30th November 2024),
resulting in an invalid deadline of 28th December 2024, or
>
> • Begin on the issue date (5th December 2024), creating an
equally invalid deadline of 2nd January 2025.[/indent]
>
> This clear breach of PoFA Schedule 4, Paragraph 9(2)(f) means
you have failed to meet the legal conditions necessary to
transfer liability to the registered keeper. As a result, I have
no liability for this charge.
>
> Furthermore, as I am aware that you are a member of the IPC
and the IAS is not an independent nor credible appeals service,
I will not accept any decision made by them. Should you reject
this appeal, I will robustly defend any claim brought against me
in the ultimate dispute resolution service, the Small Claims
Track of the County Court, where this non-compliance with PoFA
will be evident. Given your NtK’s legal failings, you would have
no case, and I will seek to highlight your unreasonable
behaviour to the court.
>
> I, therefore, require you to cancel this Notice immediately.
--- End Quote ---
#Post#: 50259--------------------------------------------------
Re: PCN in private car park - parked overnight
DIR By: rsk_1
Date: December 17, 2024, 2:20 pm
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Wow, thank you very much for that help!
So i send this now as my appeal, obviously im assuming they
reject this, and then shall i come back once i get the debt
recovery letter come through?
Or would they accept that appeal do you think?
Thank you very much for the help
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