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    • robajobs
    • By robajobs 4th Dec 17, 3:27 PM
    • 2Posts
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    robajobs
    PCN Parking Solutions / Topher Appeal rejected. Late Notice to keeper
    • #1
    • 4th Dec 17, 3:27 PM
    PCN Parking Solutions / Topher Appeal rejected. Late Notice to keeper 4th Dec 17 at 3:27 PM
    Hi everyone

    I'm hoping someone can guide me into what to do next as I don't want to say/do something that might trip me up at a later date.

    Basically one of our employees received a ticket on the windscreen of our company car in June and ignored it (it seems). 152 days later the company I work for received a notice to keeper which invited us to either pay the total amount due or name the driver.

    We're not keen to do either so we decided to appeal.

    Below Is my response and their subsequent appeal rejection letter....


    "PCN Parking Solutions
    PO box 5419
    Hove
    BN52 9AN

    22nd November 2017

    Dear Sir or Madam,

    Ticket number: xxxxx
    Vehicle registration number: xxxx xxx

    I received a Notice to Keeper from Topher Ltd on the 22/11/2017 (letter dated 16/11/2017) for an alleged parking offence that took place on the 18/06/2017. The reason for the issue of such a notice has been stated as Not Displaying Valid Ticket/ Permit. You allegedly issued the driver with a parking ticket on 18/06/2017 but I believe it was unfairly issued. I decline your invitation to name the driver, which is not required of me as the keeper of the vehicle. I will not be paying your demand for payment for the following reasons:

    · The charge is disproportionate and not commercially justifiable
    The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner.

    In this case, the £100 charge you are asking for far exceeds the cost to the landowner of £0 (based on 0-2 hour’s free parking offered by pressing the green button).

    Also, The Notice To Keeper states that the time of issue of Notice to the driver was only 09:07am. This is merely 7 minutes after charges apply therefore I feel the charge you have asked for is excessive.

    · No Grace Period was given
    With reference to the Parking Charge Notice issued at 7 minutes past the enforceable time I would refer you the IPC Code of Practice, of which Topher Limited are an Accredited operator:

    “15. Grace Periods
    15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so they may make an informed decision as to whether or not to remain on the site.
    15.2 Drivers should be allowed a sufficient amount of time to leave a site after a pre-paid or permitted period of parking has expired.”

    The Driver was clearly not allowed sufficient time. Also 7 minutes is below the industry standard of a 10 minute grace period. Therefore I believe that the PCN was unfairly issued.

    · The Notice to the keeper is not valid
    The Notice To Keeper was received 152 days after the noted date of the parking event. As such the requirements of Schedule 4 of the Protection of Freedoms Act 2012 have not been met (the notice should be received no later than 56 days after the date of the parking event),

    In addition to the requirements set out within Section 4 of the POFA the IPC, whom Topher limited are an Accredited Operator Scheme Member of, also states that The Notice to Keeper must be given to or served on the Keeper between day 29 and day 57 after the day the Notice to Driver is given (which is counted as day 1).

    Therefore by both the Law and the Code of Practice that Topher Limited should abide by there is no keeper liability thus your Notice To Keeper is unenforceable. As Schedule 4 paragraphs 8(5) or 9(5) of the POFA have not been complied with then the registered keeper cannot be held to account for the alleged debt of the driver.

    If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

    Yours faithfully"


    Today I received this response:


    "Dear Robajobs,
    Parking Charge Notice Number: xxxxx
    Vehicle Registration Number: xxxxxxx
    Location: Merantun Way,Colliers Way,Wimbledon,SW19
    Issue Date: 18/06/2017 09:07
    Parking Event: Not Displaying Valid Ticket / Permit
    Total Due: £100.00

    Thank you for your appeal against the above Parking Charge Notice ('PCN') which has been carefully considered, however, on this occasion,the appeal has been rejected for the reason(s) detailed below.

    Your vehicle was observed as being parked in a Pay and Display car park, without clearly displaying a valid Pay and Display ticket.

    Please note that you can visit our website; whereby you can review photographs of this parking event. You will note from these images that no Pay and Display ticket was clearly on display in the material vehicle and therefore the Parking Attendant was left with no option other than to issue the vehicle with a Parking Charge Notice (PCN).

    Loss is not relevant as the claim is not for breach of contract. The contractual terms make it clear that any driver parking in this area, not in accordance with the terms and conditions of parking, agrees to pay the Operators charge. It is in essence the 'price' that the motorist has agreed to pay for parking outside of the stated terms and conditions of parking.In layman's terms, the Operator is making an offer to the motorist, whereby the motorist, for example, can either park for
    free providing that a valid parking permit is displayed, or can park without a valid parking permit, for a charge of 100.00 reduced to 60.00 within 14 days. The charge itself is a core contractual price term and one which is non negotiable after the contract has been entered into.

    In the event that a motorist believes the charge to be extravagant or unreasonable, then they are of course free to move their vehicle, within a reasonable grace period and to park elsewhere. By leaving their vehicle at this location, the motorist, by way of affirmation, has agreed to pay the Operators fixed charge.

    It should also be noted that even if the claim was for breach of contract, the recent case of Beavis -v- Parking Eye UKSC 2015/0116; has made it clear that such charges are legal if they are commercially justifiable, or if the Operator has a legitimate interest in imposing such a charge. As the amount here is similar to that which was allowed by the Supreme Court, then this charge can be deemed both reasonable and recoverable.

    You have now reached the end of our internal appeals procedure and you now have two options:

    * You can pay the total amount due of £100.00 within 14 days (see reverse of letter for payment options).

    * You can appeal to the Independent Appeals Service (IAS) if you believe this decision is incorrect

    In order to appeal the IAS will need your PCN number, vehicle registration and the date the charge was originally issued. The IAS provides an Alternative Dispute Resolution scheme for disputes of this type. As you have complied with our internal appeals procedure, you may use and we will engage with, the IAS Standard Appeals Service providing you lodge an appeal to them within 21 days of this rejection.

    IMPORTANT NOTE:
    Should you decide to appeal to the IAS and your appeal is subsequently rejected, the option to pay a discounted amount will no longer be available and the full amount of the PCN will become due, payment should be made to the Operator within 14 days from the date of the IAS rejection notification.

    If you do not make payment, the outstanding PCN will be passed to our appointed debt collection agency

    for further action and all costs associated with this process will be added to the amount outstanding.

    Yours sincerely
    Robert Stephens
    PCN Parking Solutions on behalf of Topher Limited"

    They failed to even acknowledge that the NTK was unenforceable due to being sent out so late!

    Any advice as to my next step to take would be appreciated.

    Thanks in advance,

    Robajobs


Page 1
    • KeithP
    • By KeithP 4th Dec 17, 3:38 PM
    • 4,731 Posts
    • 3,068 Thanks
    KeithP
    • #2
    • 4th Dec 17, 3:38 PM
    • #2
    • 4th Dec 17, 3:38 PM
    The next step is fully explained in post #4 of the NEWBIES FAQ sticky thread.

    Simply put... ignore any and all debt collector's letters.

    But do not ignore a letter before claim or official court papers.

    You are in a strong position.

    As long as you don't name the driver, their mission is bound to fail.
    .
    • robajobs
    • By robajobs 4th Dec 17, 4:39 PM
    • 2 Posts
    • 0 Thanks
    robajobs
    • #3
    • 4th Dec 17, 4:39 PM
    • #3
    • 4th Dec 17, 4:39 PM
    OK thanks for the info KeithP!
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