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       #Post#: 60213--------------------------------------------------
       G24 Portsmouth CPCN for 33 seconds ANPR
   DIR By: Indifferent
       Date: March 2, 2025, 8:18 am
       ---------------------------------------------------------
       I am the registered keeper of the vehicle, and yesterday I
       received a Contractual Parking Charge Notice from G24 for being
       in the Toolstation car park, according to the anpr photos for
       the grand total of 33 seconds.
       Is this some kind of record?
       I am attaching both sides of the letter I received.
       Surely the driver would be allowed time to enter the parking
       area and check the signage and then decide if they wish to abide
       by the contract on the signage?
       I don’t have photos of the signage but would be able to get them
       early next week if it helps.
       Would anybody be able to help me decide whether to give up the
       driver’s name as they request or contest the validity of the
       accusation please?
  HTML https://imgur.com/a/IgrErvI
       #Post#: 60215--------------------------------------------------
       Re: G24 Portsmouth CPCN for 33 seconds ANPR
   DIR By: jfollows
       Date: March 2, 2025, 8:35 am
       ---------------------------------------------------------
       Do not, for any reason, identify the driver.
       You are not required to do so, and it will be to your detriment
       if you do.
       As the registered keeper, you are under no obligation to name
       the driver and the notice you have received does not comply with
       the requirements of the legislation to transfer the liability
       from the driver to you.
       --- Quote ---
       > 9(1)A notice which is to be relied on as a notice to keeper
       for the purposes of paragraph 6(1)(b) is given in accordance
       with this paragraph if the following requirements are met.
       >
       > (2)The notice must—
       >
       > (a)specify the vehicle, the relevant land on which it was
       parked and the period of parking to which the notice relates;
       >
       > (b)inform the keeper that the driver is required to pay
       parking charges in respect of the specified period of parking
       and that the parking charges have not been paid in full;
       >
       > (c)describe the parking charges due from the driver as at the
       end of that period, the circumstances in which the requirement
       to pay them arose (including the means by which the requirement
       was brought to the attention of drivers) and the other facts
       that made them payable;
       >
       > (d)specify the total amount of those parking charges that are
       unpaid, as at a time which is—
       >
       > (i)specified in the notice; and
       >
       > (ii)no later than the end of the day before the day on which
       the notice is either sent by post or, as the case may be, handed
       to or left at a current address for service for the keeper (see
       sub-paragraph (4));
       >
       > (e)state that the creditor does not know both the name of the
       driver and a current address for service for the driver and
       invite the keeper—
       >
       > (i)to pay the unpaid parking charges; or
       >
       > (ii)if the keeper was not the driver of the vehicle, to notify
       the creditor of the name of the driver and a current address for
       service for the driver and to pass the notice on to the driver;
       >
       > (f)warn the keeper that if, after the period of 28 days
       beginning with the day after that on which the notice is given—
       >
       > (i)the amount of the unpaid parking charges specified under
       paragraph (d) has not been paid in full, and
       >
       > (ii)the creditor does not know both the name of the driver and
       a current address for service for the driver,
       >
       > the creditor will (if all the applicable conditions under this
       Schedule are met) have the right to recover from the keeper so
       much of that amount as remains unpaid;
       > (g)inform the keeper of any discount offered for prompt
       payment and the arrangements for the resolution of disputes or
       complaints that are available;
       >
       > (h)identify the creditor and specify how and to whom payment
       or notification to the creditor may be made;
       >
       > (i)specify the date on which the notice is sent (where it is
       sent by post) or given (in any other case).
       >
       > (3)The notice must relate only to a single period of parking
       specified under sub-paragraph (2)(a) (but this does not prevent
       the giving of separate notices which each specify different
       parts of a single period of parking).
       >
       > (4)The notice must be given by—
       >
       > (a)handing it to the keeper, or leaving it at a current
       address for service for the keeper, within the relevant period;
       or
       >
       > (b)sending it by post to a current address for service for the
       keeper so that it is delivered to that address within the
       relevant period.
       >
       > (5)The relevant period for the purposes of sub-paragraph (4)
       is the period of 14 days beginning with the day after that on
       which the specified period of parking ended.
       >
       > (6)A notice sent by post is to be presumed, unless the
       contrary is proved, to have been delivered (and so “given” for
       the purposes of sub-paragraph (4)) on the second working day
       after the day on which it is posted; and for this purpose
       “working day” means any day other than a Saturday, Sunday or a
       public holiday in England and Wales.
       >
       > (7)When the notice is given it must be accompanied by any
       evidence prescribed under paragraph 10.
       >
       > (8)In sub-paragraph (2)(g) the reference to arrangements for
       the resolution of disputes or complaints includes—
       >
       > (a)any procedures offered by the creditor for dealing
       informally with representations by the keeper about the notice
       or any matter contained in it; and
       >
       > (b)any arrangements under which disputes or complaints
       (however described) may be referred by the keeper to independent
       adjudication or arbitration.
       --- End Quote ---
       #Post#: 60218--------------------------------------------------
       Re: G24 Portsmouth CPCN for 33 seconds ANPR
   DIR By: Indifferent
       Date: March 2, 2025, 8:42 am
       ---------------------------------------------------------
       Thank you.
       The next step is for me to go about challenging the validity of
       the charge.
       Any advice gratefully received.
       #Post#: 60220--------------------------------------------------
       Re: G24 Portsmouth CPCN for 33 seconds ANPR
   DIR By: jfollows
       Date: March 2, 2025, 8:48 am
       ---------------------------------------------------------
       They can say what they like.
       You simply tell them that - as registered keeper - you have no
       liability.
       Plenty of example letters here.
       --- Quote ---
       > (5)The relevant period for the purposes of sub-paragraph (4)
       is the period of 14 days beginning with the day after that on
       which the specified period of parking ended
       --- End Quote ---
       in particular.
       #Post#: 60222--------------------------------------------------
       Re: G24 Portsmouth CPCN for 33 seconds ANPR
   DIR By: Indifferent
       Date: March 2, 2025, 8:54 am
       ---------------------------------------------------------
       Thank you
       If you tell me the name of your favourite charity, I will make a
       donation to them.
       #Post#: 60223--------------------------------------------------
       Re: G24 Portsmouth CPCN for 33 seconds ANPR
   DIR By: jfollows
       Date: March 2, 2025, 8:56 am
       ---------------------------------------------------------
       The Stroke Association
       #Post#: 60224--------------------------------------------------
       Re: G24 Portsmouth CPCN for 33 seconds ANPR
   DIR By: Indifferent
       Date: March 2, 2025, 9:03 am
       ---------------------------------------------------------
       This is where I got confused, I thought that with non POFA,
       they had 6 months to get the RK details and 1 month to send the
       letter.
       I couldn’t see any reference to POFA on the letter and assumed
       they were within time.
       Thanks again for your time.
       #Post#: 60226--------------------------------------------------
       Re: G24 Portsmouth CPCN for 33 seconds ANPR
   DIR By: jfollows
       Date: March 2, 2025, 9:07 am
       ---------------------------------------------------------
       They can pursue the driver under contract law for six years.
       They may well refuse your appeal “after careful consideration”
       but have to provide a code for POPLA to whom you need to appeal
       again, and they should cancel. Even if they don’t you are under
       no obligation and a court would decide in your favour.
       #Post#: 60227--------------------------------------------------
       Re: G24 Portsmouth CPCN for 33 seconds ANPR
   DIR By: Indifferent
       Date: March 2, 2025, 9:13 am
       ---------------------------------------------------------
       That’s really helpful thanks, donation made.
       #Post#: 60228--------------------------------------------------
       Re: G24 Portsmouth CPCN for 33 seconds ANPR
   DIR By: DWMB2
       Date: March 2, 2025, 9:18 am
       ---------------------------------------------------------
       Given their lack of PoFA compliance as jfollows has noted,
       here's a suitable appeal...
       [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.
       Yours,[/indent]
       If appealing online, be careful there are no drop down/tick
       boxes that cause you to identify who was driving, and keep a
       close eye on your spam folder for their response. If they do not
       respond within 28 days, chase them.
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