Unfair parking ticket...can I do anything??

first78

I've got the name of the landowner, but can anyone advise me how to get his contact details?

Hot_Bring

Depends on who the landowner is ?

Guys_Dad

don't lose sight of the out of time issue raised by CC above. Because of weekends, the NtK must be dated on or before March 5th as to comply, it had to be delivered by the 7th and POFA allows 2 days for delivery, excluding Sat and Sun.

That means that the keeper is relieved of the liability and they must pursue the driver. Keeper does not, in that circumstance, have to name the driver.

Come back and let us know if the dates are in your favour or not.

first78

It's Marsh Street car park, Hanley and the land owner is Paul Walters from what I can find on Google.

first78

Guys_Dad wrote: »

don't lose sight of the out of time issue raised by CC above. Because of weekends, the NtK must be dated on or before March 5th as to comply, it had to be delivered by the 7th and POFA allows 2 days for delivery, excluding Sat and Sun.

That means that the keeper is relieved of the liability and they must pursue the driver. Keeper does not, in that circumstance, have to name the driver.

Come back and let us know if the dates are in your favour or not.

The dates are in my favour then? The charge notice is dated 7th March 2014 and only arrived today (10th March).

If I use the letter 'First Appeal letter' in the sticky thread should I add that they have not complied with the dates?

first78

One more question, as the more I read the more confused I get, is a Charge Notice the same as a NtK?

Guys_Dad

first78 wrote: »

One more question, as the more I read the more confused I get, is a Charge Notice the same as a NtK?

Effectively in your case.

You send a soft appeal as the keeper stating that you are the keeper but note that their non-adherence to the requirements of the Protection Of Freedoms Act 2012

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.

You then add that the charges in any case are a penalty and not a genuine estimate of loss and, if they wish to pursue this, you will be putting them to strict proof of these losses and be demanding sight of any contract that gives them the authority to levy any such charges should they feel unable to cancel the charge.

Advise them to pursue the driver and cancel the charge to you, for which keeper liability no longer applies. Should they fail to do this, then send a POPLA code and you will advise POPLA that you have no keeper liability.

first78

Thank-you everyone for your help. I'm going to keep reading tomorrow and then draft a letter. Is it okay to post my draft on this thread before I send it off just so someone can confirm I've included everything I need to? I'll mainly be using the example in the sticky but would appreciate a proof read.

Coupon-mad

Yes a Charge Notice is the same as a PCN or NTK - basically the first letter received by post. And if it arrived on day 16 it is a day too late for keeper liability as well so you can indeed add a point #4 to the first appeal template, to state that the NTK was received too late to establish keeper liability under POFA2012.

This will be as easy as pie to win and I have no idea what you were worried about. Have you not read the fun the 'Parking Prankster' had with Highvew appeals?! Google 'Parking Prankster zombie Highview' or 'Parking Prankster radioactive spider' or 'Parking Prankster Highview Elvis'.

Parking-Prankster

Please give Highview Parking my regards when you appeal.


If you like, you can point out that you have been advised by their customer of the month (March 2013) (self-awarded) that their charges are not a true pre-estimate of loss, that their signage is not sufficient to create a contract between motorist and operator and that the Parking Prankster is still waiting for them to be spurred into immediate action from June 2013, so could they please get on with it.