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  • FIRST POST
    • Bpool17
    • By Bpool17 17th Jun 17, 11:05 PM
    • 3Posts
    • 1Thanks
    Bpool17
    ParkingEye Abersoch Golf Club
    • #1
    • 17th Jun 17, 11:05 PM
    ParkingEye Abersoch Golf Club 17th Jun 17 at 11:05 PM
    Could anyone help please?

    On the 12/05/2017 we parked in the Abersoch Golf Club Beach car park, paid for a ticket and displayed it in the windscreen. We then went for a walk and on returning we left the carpark about 1hr before our parking time expired. We have now received a Parking Charge Notice for £100! Unfortunately, we did not keep the ticket (but will certainly do so in future!) I have read through a lot of relevant threads on your site and it seems important to mention that the PCN does not make any mention of POFA/keeper liability after 29 days. Also important (I think) is the fact that 27 days elapsed between the alleged offence and the Parking Charge Notice being issued.
    The date of the alleged offence was 12/05/2017
    Date Parking charge notice issued 08/06/2017 (27 days after alleged offence)
    Date received 10/06/2017 (at the earliest, as we were away on holiday from 09/06/17 and did not read the PCN until we returned on the 15/06/2017)
    Should I include the following in the template after the first paragraph? “You have failed to act in accordance with the Protection of Freedoms Act 2012 Paragraph 9 (sections 4b & 5) which state:
    (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.

    Should I also complain to the Abersoch Golf Club who I believe own the land?

    Could you please confirm that this is the correct template to use?

    Dear Sirs

    Re: PCN No. ....................

    I challenge this 'PCN' as keeper of the car.

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis.Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

    There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

    Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,


    THE NAME AND ADDRESS OF THE KEEPER GOES HERE. THE DRIVER IS NOT IDENTIFIED.


    Many thanks.
Page 1
    • Coupon-mad
    • By Coupon-mad 17th Jun 17, 11:29 PM
    • 46,919 Posts
    • 60,256 Thanks
    Coupon-mad
    • #2
    • 17th Jun 17, 11:29 PM
    • #2
    • 17th Jun 17, 11:29 PM
    The date of the alleged offence was 12/05/2017
    Date Parking charge notice issued 08/06/2017 (27 days after alleged offence)
    You have a 'golden ticket' and will win at POPLA stage, as long as you only appeal as the keeper and do not imply or name the driver. Count your lucky stars they sent it too late for keeper liability.

    Is this a company car? If so, better to call yourself lessee/hirer and you will still win at POPLA.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Bpool17
    • By Bpool17 18th Jun 17, 11:28 AM
    • 3 Posts
    • 1 Thanks
    Bpool17
    • #3
    • 18th Jun 17, 11:28 AM
    • #3
    • 18th Jun 17, 11:28 AM
    Hi Coupon-mad,
    Thanks for the prompt reply. No, it isn't a company car but our private car. Could we just use your expertise to check that this is the right template and whether to include the bit about failing to act in accordance with the FOPA rules, and should we contact the golf club - from what we've read they don't seem to have any sympathy but should we do it as a procedural thing?
    Thanks.
    • Redx
    • By Redx 18th Jun 17, 11:37 AM
    • 14,420 Posts
    • 18,001 Thanks
    Redx
    • #4
    • 18th Jun 17, 11:37 AM
    • #4
    • 18th Jun 17, 11:37 AM
    yes use the blue text template "as is" , never make changes unless you know what you are doing

    add an extra paragraph stating they they have failed POFA2012 (not FOPA or FAUX-PAS or covfefe) so as keeper you are not liable and they should contact the driver (who shall not be named)

    also change the DVLA data part to the past tense (from the future tense) , because they have already obtained that data

    I already posted the correct example of this recently in post #19 of this thread

    http://forums.moneysavingexpert.com/showthread.php?t=5663386

    any landholder complaint should be as keeper without revealing who was driving , so you were all "occupants" of the vehicle , or THE KEEPER or THE DRIVER etc

    the point here is that this isnt an english language exam so the use of the words "me , myself and I" are "banned" , in order to protect the identities of who did what

    never hand it to them on a plate, never disclose who was driving either
    Last edited by Redx; 18-06-2017 at 2:54 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Bpool17
    • By Bpool17 18th Jun 17, 2:48 PM
    • 3 Posts
    • 1 Thanks
    Bpool17
    • #5
    • 18th Jun 17, 2:48 PM
    • #5
    • 18th Jun 17, 2:48 PM
    Hi Redx,

    Thanks very much for the help - I have followed your instructions exactly. The appeal has now been submitted.

    Thanks again.
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