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#Post#: 59170--------------------------------------------------
Parking Collection Services - Parked on Private Land Without A
Valid Permit And/Or Authorisation
DIR By: subs187
Date: February 21, 2025, 6:29 am
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Hi
The registered keeper has received the attached parking charge
notice and would kindly request assistance on grounds for
appealing.
It is alleged the vehicle was parked on 26/12/24 however the
picture on the PCN is upside down with no dates or times or
details of location etc.
The PCN was also issued after 28days on 28/01/2025. Not sure if
this is valid point of appeal.
Based on the signage it has been suggested to appeal on the
following:-
The signage at the site in question is incapable of creating a
contract with this driver, as such no contract could be formed
when the driver parked there.
The driver has no liability to you as a result of this parking.
The signs seek to make a contract only to Permit Holders
therefore you are placed on notice to show that the driver does
have a permit.
Thanks
[attachment deleted by admin]
#Post#: 59182--------------------------------------------------
Re: Parking Collection Services - Parked on Private Land Without
A Valid Permit And/Or Authorisation
DIR By: jfollows
Date: February 21, 2025, 7:19 am
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The late issue date of the PCN means that the liability (if any,
non-existent as you say) can not be transferred from the driver
to you, the registered keeper, so don’t divulge who the driver
was anyway.
An alleged civil debt can be pursued for 6 years but there are
much tighter timescales (14 days) if the liability is to be
transferred. Since the PCN doesn’t mention the “Protection of
freedoms act” they seem to realise this.
You will be appealing as the registered keeper, not as the
driver.
#Post#: 59184--------------------------------------------------
Re: Parking Collection Services - Parked on Private Land Without
A Valid Permit And/Or Authorisation
DIR By: DWMB2
Date: February 21, 2025, 7:29 am
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Welcome. Whilst the arguments you make are sound, jfollows
rightly notes that they have issued the notice too late to be
able to hold the registered keeper liable for the charge, using
the provisions of Schedule 4 of the Protection of Freedoms Act.
The keeper can therefore appeal with the below:
[indent]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,[/indent]
If appealing online, be careful there are no drop down/tick
boxes that cause you to identify who was driving, you are
appealing as the keeper only, and keep a close eye on your spam
folder for their response. If they do not respond within 28
days, chase them. Be mindful of the deadline for appeals, I'd
get this in asap.
#Post#: 59187--------------------------------------------------
Re: Parking Collection Services - Parked on Private Land Without
A Valid Permit And/Or Authorisation
DIR By: subs187
Date: February 21, 2025, 7:45 am
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Great help many thanks
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