PCN (Civil Enforcement) - Greenwich High Road, London

numec

Hello,

Need of any expert advice as I just received Parking Charge Notice (incident date 30/07, issue date 11/8). Parking from 11:08 to 11:26.
Reason for them require payment: Payment not made in accordance with terms displayed on signage. Amount: £100 within 28 days.

Initially, we wanted to pay but no coins, so trying to use call option but no luck. We decided to leave the area in the end.

Appeal/challenge? Any advice will be much appreciated.

I read the newbies thread and aware that could try to challenge using the template but want to ask before proceeds.

Thanks in advance.

Redx

yes use the blue text template

you probably had a maximum of 10 minutes to comply or leave , which is a moot point as they claim it was 18 minutes on site

so appeals will be on the usual legal arguments , at popla

Castle

With an issue date of 11th August the deemed date of delivery would be Monday 15th August; which will mean that it fails to comply with the requirements of POFA.

numec

Thanks for the reply. Can you please explain what does that means?
"fails to comply requirements of POFA"

ben1023

Disable drivers and accident & Emergency outpatients should not have to deal with the added stress of unfair parking
Disabled people often have no choice other than to drive to hospital for regular treatments or blood test
Portsmouth Hospital QA Cosham, Disabled Blue Badge holders have to pay and display £1.80, my all ready signed petition by more than 250 people in support, recommend that all Disable drivers should get 3 hours free parking, as per our local authority recommendation, any extra over 3 hours then make a small charge of £1.80

Please support us and make a difference !

thepetitionsite.com/takeaction/826/568/612/[/url]

pogofish

ben1023 wrote: »

Disable drivers and accident & Emergency outpatients should not have to deal with the added stress of unfair parking
Disabled people often have no choice other than to drive to hospital for regular treatments or blood test
Portsmouth Hospital QA Cosham, Disabled Blue Badge holders have to pay and display £1.80, my all ready signed petition by more than 250 people in support, recommend that all Disable drivers should get 3 hours free parking, as per our local authority recommendation, any extra over 3 hours then make a small charge of £1.80

Please support us and make a difference !

Please don't hijack other peoples threads!

For starters, far fewer people will see your post and fewer still are likely to respond to compared to a thread of your own.

Also your siting of Portsmouth within a thread relating to the London Borough of Greenwich and not involving a Blue Badge is apt to make people wonder about your motives!

Castle

numec wrote: »

Thanks for the reply. Can you please explain what does that means?
"fails to comply requirements of POFA"

The NTK, (=Parking Charge Notice), has to arrive within 14 days of the parking event, which in your case means by the 13th August at the latest. So the Registered Keeper can not be liable, only the Driver.

numec

After reading the next step once give popla code, I am starting to feel like giving in and just pay the 60 within 14 days.
So let me try to run the scenario:
1) send an email to Civil Enforcement to challenge using the template and wait for the popla code.
2) follow the steps to appeal through popla.
3) if successful, yeay! if not, i have to pay 100 instead of 60. (maybe I am not convinced after reading it is now more challenging in 2016 cases.)

Is there any other way this could go down?

Redx

yes , you could NOT pay the £100 , as its not binding upon you

you seem to think that you owe some money , whereas we always think you owe nothing unless a judge says different

numec

Thanks for the reply. Just to double check before sending email to CE:

Dear Sirs

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

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

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 before they park.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

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.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,


In the PCN letter they mentioned if appeal through POPLA is unsuccessful I have to pay full rate and will no longer to pay at reduced rate. I assume this is rubbish and should ignore?

Thank you again!

numec

so I have emailed them the challenge as per template. let's see what they reply.