Sports space Hemel POPLA received

Hadenough75

Thanks for your help and no the letter is dated 20 days after the event

Guys_Dad

Remember that the out of time provisions only apply to keeper liability and not to driver liability so be careful.

Try this:-

Dear Sirs,

Your ref etc..........

I am the keeper of the above vehicle and I am challenging your PCN on two grounds.

The first is your extortionate charges. The £150 non- discounted charge demanded exceeds the maximum allowed under the British Parking Association Code of Practice which states that you need to justify any charge over £100 to them.

When you produce a letter from them authorising this amount with an explanation to me as to why they believe this to be fair, then I may give further consideration to your letter but until then, you and I both know you are on a hiding to nothing.

The second is even more outside the rules so to speak.

The Protection of Freedoms Act 2012 is absolutely specific about the time scale that you MUST follow when issuing a notice to owner/keeper. I refer you to the relevant section
9 (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.

The relevant date for the notice to be in my hands was September 10th, but as you only sent the letter on that date, you have failed to adhere to the lawful time period and I am not, therefore, obliged to name the driver or accept the charge.

I invite you to accept this as my formal appeal and either cancel the charge or send me a POPLA code so that I may appeal to the independent adjudicator and you can attempt to convince them that £150 is a genuine pre-estimate of loss and that for you, time has stood still.

Yours faithfully,


The Keeper

Coupon-mad

If you can, get photos of the signage and wording, and a pic of any entrance sign (can it be seen from a driver's seat, on arrive, can it be read & terms understood?). Show us the sign by hosting pics on tinypic or photobucket, then posting a broken link to the URL of your pics, by removing the http:// from the start. Newbies cannot post full links.

Hadenough75

Will try, won't get time until the weekend, I have since checked the fine is £100 discounted to £75 not £150 like some have had

Stroma

Hadenough75 wrote: »

Will try, won't get time until the weekend, I have since checked the fine is £100 discounted to £75 not £150 like some have had

It still doesn't comply as it should be £100 discounted by 40% , so £60 for early payment