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#Post#: 50759--------------------------------------------------
Re: Parking Charge Notice - Centurion Point Chester
DIR By: 3Sh3roo
Date: December 22, 2024, 11:06 am
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I'm still waiting for an image of the sign, I don't live in
Chester so I'm waiting for the driver to go back there and take
a pic, they have also contacted the gym via email so waiting for
feedback, they do have evidence on their app of the time they
were at the gym.
in the meanwhile, is there anything else I should do to mitigate
this, I am told by the driver other gym users have received such
charges but have totally ignored them???
#Post#: 50762--------------------------------------------------
Re: Parking Charge Notice - Centurion Point Chester
DIR By: b789
Date: December 22, 2024, 11:34 am
---------------------------------------------------------
What others have done regarding PCNs, especially those issued by
ParkingEye, is irrelevant. Whilst they may brag about "ignoring"
them, I can assure you that ignoring a PCN since 2012 is not
advisable. The operator has up to 6 years to initiate litigation
over a disputed PCN.
Famous last words we often hear here are " I was told to ignore
the PCN nut I now have a default CCJ that I knew nothing about."
#Post#: 50771--------------------------------------------------
Re: Parking Charge Notice - Centurion Point Chester
DIR By: 3Sh3roo
Date: December 22, 2024, 1:59 pm
---------------------------------------------------------
Thanks, so should I share the drivers details or wait until
firstly we get a clearer image of the sign, secondly feedback
from the gym, at least until 14days from issuance to avoid it
increasing from £60 to £100.
#Post#: 50791--------------------------------------------------
Re: Parking Charge Notice - Centurion Point Chester
DIR By: b789
Date: December 22, 2024, 4:26 pm
---------------------------------------------------------
Why would you "share" the drivers details when the PCN does not
fully comply with PoFA which means that only the unknown driver
can be liable?
#Post#: 50793--------------------------------------------------
Re: Parking Charge Notice - Centurion Point Chester
DIR By: 3Sh3roo
Date: December 22, 2024, 4:33 pm
---------------------------------------------------------
Honestly, I don't know what to do, hence why I'm on this forum
asking for advice. I've scoured other threads, can I therefore
assume that I should send an email to them citing the lack of
compliance with PoFA 9(2)(e)(i), do you happen to have a stock
email/letter I can send? Is one of the stock letters that you or
[member=103]DWMB2[/member] have advised applicable, like the
below:
Dear Sirs,
I have received your Parking Charge Notice (Ref: ________) for
vehicle registration mark ____ ___, in which you allege that the
driver has incurred a parking charge. I note from your
correspondence that you are not seeking to hold me liable as the
registered keeper, under Schedule 4 of the Protection of
Freedoms Act 2012 ("The Act"). You have chosen not to issue a
Notice to Keeper in accordance with The Act, and it is now too
late for you to do so.
There is no obligation for me to name the driver and I will not
be doing so. I am therefore unable to help you further with this
matter, and look forward to your confirmation that the charge
has been cancelled. If you choose to decline this appeal, you
must issue a POPLA code.
Yours,
Thanks.
#Post#: 50797--------------------------------------------------
Re: Parking Charge Notice - Centurion Point Chester
DIR By: b789
Date: December 22, 2024, 5:32 pm
---------------------------------------------------------
You appeal as the Keeper as long as the unknown drivers identity
is not revealed. There is no legal obligation on the known
keeper (the recipient of the Notice to Keeper (NtK)) to reveal
the identity of the unknown driver and no inference or
assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which
means that if the unknown driver is not identified, they cannot
transfer liability for the charge from the unknown driver to the
known keeper.
Use the following as your appeal. No need to embellish or remove
anything from it:
--- Quote ---
> Re: Parking Charge Notice (PCN) No. [PCN no.]
> Vehicle Registration No: [VRM]
> Issue Date: [issue date]
>
> I am appealing as the registered keeper of the vehicle, and I
would like to emphasise that I was not the driver on the date of
the alleged contravention. I am under no legal obligation to
provide the driver’s details, and I decline to do so.
>
> ParkingEye (PE) has failed to comply with the strict
requirements of Schedule 4 of the Protection of Freedoms Act
(PoFA) 2012, which are necessary to hold the keeper liable. I
outline the following points of non-compliance:
>
> [indent]1. Failure to comply with PoFA paragraph 2(2):

> [indent]PoFA paragraph 2(2) states that 'adequate notice' of
the parking charge must be given to drivers. In this case, no
adequate notice was provided. There were no visible signs at the
entrance, at the location where the vehicle was parked, or along
the route to the entrance of the premises, communicating the
parking terms and conditions.[/indent]
>
> 2. Failure to comply with PoFA paragraph 2(3):

> [indent]Paragraph 2(3) further clarifies that 'adequate
notice' means signs must clearly specify the parking charge and
be positioned in such a way that the charge is brought to the
attention of drivers. In this case, PE did not display
sufficient signage to meet this requirement.[/indent]
>
> 3. Failure to comply with PoFA paragraph 9(2)(c):

> [indent]PoFA paragraph 9(2)(c) requires that the Notice to
Keeper describe how the parking charge arose and how the
requirement to pay was brought to the attention of the driver.
Given that PE has failed to provide adequate notice as defined
in paragraphs 2(2) and 2(3), the Notice to Keeper does not
comply with this requirement. PE’s partial or substantial
compliance with PoFA is insufficient to establish keeper
liability, as full compliance with all PoFA requirements is
mandatory.[/indent]
>
> 4. Failure to comply with POFA paragraph 9)2)(e)(i):
> This paragraph mandates that for a parking operator to hold
the vehicle's registered keeper liable for a parking charge, the
Notice to Keeper (NtK) must include:
>
> [indent]• An "Invitation to Pay": The notice must explicitly
invite the keeper to pay the unpaid parking charges.
>
> • Exact Wording: The wording must clearly convey this
invitation and mere implication or indirect suggestions are
insufficient. The act requires strict compliance, meaning that
any failure to fully incorporate this invitation renders the
notice non-compliant with the requirements of PoFA
2012.[/indent][/indent]
>
> In addition, should PE reject my appeal, I will expect you to
provide the following evidence to POPLA:
>
> [indent]• A detailed layout of the car park showing the
location of all signage.
>
> • Proof of the exact location where the vehicle was parked,
and how this relates to any signage.
>
> • Evidence that the signage used to display the parking terms
and conditions is fully compliant with the British Parking
Association (BPA) and Independent Parking Committee (IPC)
Private Parking Single Code of Practice (PPSCoP).[/indent]
>
> PE will be put to strict proof of the vehicle’s parking
location and the relationship of that location to any signs
passed between the parking space and the premises entrance.
>
> In light of these clear breaches of PoFA and the inadequate
signage, I request that the Parking Charge Notice be cancelled.
--- End Quote ---
#Post#: 50798--------------------------------------------------
Re: Parking Charge Notice - Centurion Point Chester
DIR By: 3Sh3roo
Date: December 22, 2024, 6:19 pm
---------------------------------------------------------
Thank you so much for this, I have filed the appeal on their
website with the information above. No doubt I will update when
I have it, I will also share a pic of the signage when I have
it.
#Post#: 51065--------------------------------------------------
Re: Parking Charge Notice - Centurion Point Chester
DIR By: 3Sh3roo
Date: December 26, 2024, 2:11 pm
---------------------------------------------------------
So the gym responded and suggested that the driver log into his
account on their app where they can find the date, entrance/exit
time and use that as part of the appeal.
Is it worth sharing this as well with Parkingeye, considering
the previous appeal has already been filed?
#Post#: 52454--------------------------------------------------
Re: Parking Charge Notice - Centurion Point Chester
DIR By: 3Sh3roo
Date: January 8, 2025, 10:22 am
---------------------------------------------------------
Hi, I got the following email from Parking eye, can you please
advise what to do next:
------------
Reference: Parking Charge Notice - xxxxxxxxx
Dear Sir / Madam,
Thank you for your correspondence in relation to the Parking
Charge incurred on 13
December 2024 at 23:26, at Centurion Point - Chester car park.
We are writing to advise you that your recent appeal has been
referred for further
information.
You have stated that you were not the driver of the vehicle at
the date and time of the
breach of the terms and conditions of the car park, but you have
not indicated who was.
You have already been notified that under section 9(2)(b) of
schedule 4 of the Protection
of Freedoms Act 2012 that the driver of the motor vehicle is
required to pay this parking
charge in full. As we do not know the driver’s name or current
postal address, if you were
not the driver at the time, you should tell us the full name and
the current postal
address of the driver.
You are warned that if, after 29 days from the Date of Issue,
the parking charge has not
been paid in full and we do not know both the name and current
address of the driver, we
have the right to recover any unpaid part of the parking charge
from you, the registered
keeper. This warning is given to you under paragraph 9(2)(f) of
schedule 4 of the
Protection of Freedoms Act 2012 and is subject to our complying
with the applicable
conditions under schedule 4 of that Act.
Please note, if you have made or wish to make an appeal on
behalf of the driver, and you
do not provide the full name and current postal address of the
driver, Parkingeye will be
obliged to deal with the representations made in your name.
Parkingeye have placed this charge on hold for 28 days to enable
you to provide the
evidence requested. If this information is not provided within
28 days, the appeal may well
be rejected and a POPLA code provided.Parkingeye Limited, 40
Eaton Avenue Buckshaw Village, Chorley, PR7 7NA, Registered in
England, Registration No. 5134454
Alternatively, payment can be made by telephoning our offices on
0330 555 4444 or by
visiting www.parkingeye.co.uk or by posting a cheque or postal
order to ParkingEye Ltd,
PO Box 117, Blyth, NE24 9EJ.
Yours faithfully,
Parkingeye Team
------------
#Post#: 52456--------------------------------------------------
Re: Parking Charge Notice - Centurion Point Chester
DIR By: b789
Date: January 8, 2025, 10:38 am
---------------------------------------------------------
You could either ignore it and wait for the POPLA code or you
can respond with the following:
--- Quote ---
> Subject: Response to PCN No. [Insert PCN Number]
>
> Dear ParkingEye,
>
> I acknowledge receipt of your correspondence dated [insert
date] in response to my appeal regarding PCN No. [PCN Number]. I
write to reiterate my position as the registered keeper of the
vehicle and to address your request for further information.
>
> As I have already stated, I was not the driver of the vehicle
at the time of the alleged parking contravention. I am under no
legal obligation to provide the driver's identity, and I decline
to do so.
>
> Your response references paragraph 9(2)(b) and paragraph
9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012
(PoFA). However, I must stress that for you to rely on these
provisions to claim keeper liability, your Notice to Keeper
(NtK) must fully comply with all other requirements of PoFA,
which I outlined in my appeal.
>
> Specifically:
>
> [indent]1. Failure to Include an Invitation to Pay (Paragraph
9(2)(e)(i)):
>
> Your NtK fails to include a clear and unambiguous invitation
for the keeper to pay the parking charge, as required under
PoFA. This is a critical omission that renders the NtK
non-compliant.
>
> 2. Inadequate Signage (Paragraphs 2(2) and 2(3)):
>
> As noted in my initial appeal, your signage does not meet the
standards required under PoFA, BPA, or IPC codes of practice.
Without sufficient signage to communicate terms to the driver,
your claim against the registered keeper is invalid.
>
> 3. Failure to Explain How the Parking Charge Was Brought to
the Driver’s Attention (Paragraph 9(2)(c)):
>
> Your NtK does not provide sufficient detail about how the
terms and conditions of parking were made clear to the driver,
particularly given the issues with signage.
>
> 4. Strict PoFA Compliance is Mandatory:
>
> PoFA requires strict compliance with all statutory
requirements. Partial compliance is insufficient to establish
liability on the part of the registered keeper.[/indent]
>
> Given the above points, I maintain that ParkingEye has no
lawful basis to pursue the registered keeper for payment of this
Parking Charge Notice.
>
> I also remind you of your obligation to either accept my
appeal or provide me with a POPLA verification code to escalate
this matter to independent adjudication. Your letter has not
addressed the substantive points I raised regarding your failure
to comply with PoFA, and I expect a substantive response within
the 28-day hold period you referenced.
>
> Should you fail to cancel this PCN or issue a POPLA code, I
will escalate this matter further, including complaints to the
British Parking Association (BPA) and other relevant
authorities.
>
> Yours faithfully,
>
> [Your Full Name]
> Registered Keeper
--- End Quote ---
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