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#Post#: 60213--------------------------------------------------
G24 Portsmouth CPCN for 33 seconds ANPR
DIR By: Indifferent
Date: March 2, 2025, 8:18 am
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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
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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
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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
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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
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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
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The Stroke Association
#Post#: 60224--------------------------------------------------
Re: G24 Portsmouth CPCN for 33 seconds ANPR
DIR By: Indifferent
Date: March 2, 2025, 9:03 am
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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
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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
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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
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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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