SCHEDULE 4 - PoFA 2012 Paragraph 10 Compliance

LondonBloke

Hey!

Received a Notice to Keeper or Hire Company from CP Plus at Whipps Cross Hospital.

Alleged Violation Date: 25/11/2013
Alleged Violation: Restricted Area - M
Date of Letter: 15/01/2014

Just under 56 days period.

I've read through the sticky for newbies. My main question is whether my first challenge can be on the basis that no evidence is provided with the notice.

Please refer to SCHEDULE 4 - PoFA 2012 Paragraph 8/9, Point 7 and Paragraph 10. The legislation states that "When the notice is given it must be accompanied by any evidence prescribed under paragraph 10"

Is it mandatory to provide any photographic evidence? Has anyone appealed under this legislation before?

Thanks in advance.

HO87

A little more detail first:

Are you/do you work for the hire company?

Or:

Has this been passed to you by a hire company?

LondonBloke

No for both the questions HO87.

I am the registered keeper. This vehicle is privately owned.

Many thanks

HO87

[toothdrawing mode]
Was a notice fixed to the car?
[/toothdrawing mode]
Please give us a little more detail. If you want some assistance then at least give us a leg up. If your intention is to dispose of this matter quickly (by means of an appeal to POPLA - after an appeal to CP+) then your first challenge will not be on the point you suggest.

LondonBloke

Yes, a notice was attached on the windscreen on the day of alleged violation.

I am adding photos of the following artifacts;

1) Parking Receipt
http:// i40.tinypic.com/219v0d3.jpg

2) Parking Charge Notice
http:// i39.tinypic.com/20svrbd.jpg

3) Notice to Keeper
http:// i44.tinypic.com/2gwgyso.jpg

I am happy to provide information on any other questions.

Regards

HO87

1) Parking Receipt
http://tinypic.com/view.php?pic=219v0d3&s=5

2) Parking Charge Notice
http://tinypic.com/view.php?pic=20svrbd&s=5

3) Notice to Keeper
http://tinypic.com/view.php?pic=2gwgyso&s=5

Your next step is to appeal to CP+ using a standard GPEOL based appeal. Following their inevitable rejection of your appeal you can then proceed to POPLA and ace them.

LondonBloke

Thanks HO87.

Does the following template look good?

"As registered keeper I wish to appeal against this Parking Charge Notice on the following grounds:

1) Please supply a copy of the relevant sections of the contract that you are working stating that (a) the contract is, in fact, with the landowner and (b) the limit of your authority to levy charges as some landowner contracts do not, in fact, grant that authority. If you are unwilling to provide this information, then I require, in accordance with the BPA and PoFA regulations, a POPLA code in order for me to take this appeal to POPLA.

2) The signage informing motorists of the terms and conditions at the car park does not meet the requirements of the BPA Code of Practice. The driver did not observe any signage on entering the car park or from the position where the car was parked or during walking from the car to the building so I conclude your signs are not clear and no contract was formed with the driver.

3) The charge is punitive and unenforceable. The parking charge amount is not a genuine pre-estimate of loss.

This challenge is based on the assertion that your parking charge does not represent a genuine pre-estimate of loss to yourself or the landowner. In every case where a motorist has raised this issue, POPLA have accepted the appeal. You are therefore fully aware that there is no prospect of your charge being upheld. If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue this parking charge notice you agree to pay these costs when I prevail."

Coupon-mad

That's fine!

And by the way, paragraph 10 has never been enabled as such - it talks about 'if an authority comes up with regulations (in the future...)'. There are no statutory regs.

HO87

LondonBloke wrote: »

Thanks HO87.

Does the following template look good?

"As registered keeper I wish to appeal against this Parking Charge Notice on the following grounds:

1) Please supply a copy of the relevant sections of the contract that you are working stating that (a) the contract is, in fact, with the landowner and (b) the limit of your authority to levy charges as some landowner contracts do not, in fact, grant that authority. If you are unwilling to provide this information, then I require, in accordance with the BPA and PoFA regulations, a POPLA code in order for me to take this appeal to POPLA.

This is more like the wording you'd use in a POPLA appeal and is probably a little over the top for a PPC challenge. It could be shortened to this:

1. That you lack either any contract with the landowner at all or have one that does not grant you sufficient rights to levy charges.

LondonBloke wrote: »

2) The signage informing motorists of the terms and conditions at the car park does not meet the requirements of the BPA Code of Practice. The driver did not observe any signage on entering the car park or from the position where the car was parked or during walking from the car to the building so I conclude your signs are not clear and no contract was formed with the driver.

I'd shorten this to:

2. Your signage does not conform to the requirements of the British Parking Association Approved Operators Scheme Code of Practice.

LondonBloke wrote: »

3) The charge is punitive and unenforceable. The parking charge amount is not a genuine pre-estimate of loss.

This challenge is based on the assertion that your parking charge does not represent a genuine pre-estimate of loss to yourself or the landowner. In every case where a motorist has raised this issue, POPLA have accepted the appeal. You are therefore fully aware that there is no prospect of your charge being upheld. If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue this parking charge notice you agree to pay these costs when I prevail."

Personally, I'd go for:

3) The charge does not represent a genuine pre-estimate of yours or the landowner's loss and as such is therefore punitive and unenforceable.

In every case where this issue has been raised POPLA have accepted the appeal. You are fully aware that there is no prospect of your charge being upheld and you therefore have no case. Consequently, you should cancel this charge forthwith.

If, however, you reject this challenge and insist on taking the matter forward I must caution you that I will hold you liable for the expenses I may incur (from that point onwards) in preparing any appeal application to POPLA, defending any court proceedings you may issue and dealing with any other correspondence from you save as may be required to communicate your withdrawal of the charge.

These costs may include my time (which I will charge at the court approved rate of £18 per hour), the cost of stationary, postage, travel expenses, photography and legal fees etc. My charges become payable on invoice. You should therefore consider yourselves on notice.

The objective in appealling to CP+ is to obtain a POPLA code and nothing more. The challenge is, of itself, unlikely ever to bring about a withdrawal of the notice and that is what the warning that you will hold them liable for your expenses from here on in is designed for.

LondonBloke

Many thanks HO87, will post this tomorrow. Will update here on progress.

Regards

LondonBloke

Greetings HO87,

I emailed [EMAIL="enquiries@parkingcsl.co.uk"]enquiries @ parkingcsl.co.uk[/EMAIL] on 26th Jan and received an automated response to my email. I've also posted the same appeal via snail mail.

Original Appeal;

"To Whom It May Concern

I am the registered keeper of the vehicle registration number XXXXand confirm receipt of your Notice to Keeper or Hire Company # XXXX dated 15/01/2014 and deny any liability to pay this parking charge.

As registered keeper I wish to appeal against this Parking Charge Notice on the following grounds:

1. That you lack either any contract with the landowner at all or have one that does not grant you sufficient rights to levy charges.

2. Your signage does not conform to the requirements of the British Parking Association Approved Operators Scheme Code of Practice.

3. The charge does not represent a genuine pre-estimate of yours or the landowner's loss and as such is therefore punitive and unenforceable.

In every case where this issue has been raised POPLA have accepted the appeal. You are fully aware that there is no prospect of your charge being upheld and you therefore have no case. Consequently, you should cancel this charge forthwith.

If, however, you reject this challenge and insist on taking the matter forward I must caution you that I will hold you liable for the expenses I may incur (from that point onwards) in preparing any appeal application to POPLA, defending any court proceedings you may issue and dealing with any other correspondence from you save as may be required to communicate your withdrawal of the charge.

These costs may include my time (which I will charge at the court approved rate of £18 per hour), the cost of stationary, postage, travel expenses, photography and legal fees etc. My charges become payable on invoice. You should therefore consider yourselves on notice.

In view of the above, I look forward to receiving your written confirmation by return that this parking charge has been cancelled. If you reject this appeal, I require a POPLA verification code for me to appeal independently as per the requirements set out on the POPLA web site, further supported by the BPA Code of Practice.

You have been given the reasons for the appeal above. I have nothing further to currently add, and will not respond to any correspondence from your company unless it contains the POPLA code. Be aware that there will be formal complaints to POPLA and to the BPA if there is no POPLA code on any rejection that you supply.

Yours faithfully

XXXX
Registered Keeper"

Automated Response;

"Thank you for contacting us.

We have received your correspondence which will be responded to within 28 days, although we aim to respond within 14 or less.

This is an automated response. Please do not reply to this email."

Today, received a Notification of Liability by post, dated 13/02/2014. There is no POPLA code included. As per attached letter.

http:// tinypic.com/r/zvyjpk/8

What should be my next course of action?

Many thanks