Private Parking fine may be claiming to be above the law?

raz123

Hi, I received a parking fine from a private company. On the day there were two visits and an ANPR system is used. The first visit was a matter of five minutes of entering the car park and then leaving (no parking paid for) the timings were 17:10 entering car park and then leaving at 17:15 (blackbox on the car shows this). This followed by re-entering the car park again at 17:29 and leaving at 18:22 this hour was paid for before leaving.


There are a numerous of issues within the notice letter. Firstly the notice to keeper was issued after 14 days I appealed on this ground using POFA 2012 and this is exactly what they replied to me 'On the day you had 2 visits one which was not paid for. We have not claimed to and are not seeking to use POFA 2012 to pursue the matter, therefore we have no requirement to issue any letters within 14 days'. Are they stating that they do not need to comply with POFA 2012?


Also after the email had been sent followed by their reply I realised the timing on the notice letter is from 17:29 to 18:22 the hour which had actually been paid for and not the five minutes of first entering and leaving! Please can someone advise me on what I should reply back to them. They are not being honest with their times (although this has not been mentioned this to them yet) and are claiming they do need to follow POFA 2012.

Coupon-mad

Are they stating that they do not need to comply with POFA 2012?

Yes of course, because they don't have to...as explained in the top sticky thread, this is covered there, not a big deal and helps a keeper's appeal/defence as a keeper can't be liable.

Sounds like the driver might have input the VRN wrongly when paying, or the keypad was faulty. They have not registered payment and a VRN that matches the ANPR image that's all, happens all the time. A huge scam like all these charges.

Which PPC? Is it a BPA member offering POPLA or not?

Loadsofchildren123

Yes, in saying POFA is irrelevant they are saying you are the driver and putting all their eggs in one basket.

Just reply with evidence that you paid for that period.

Re the earlier 5 minutes, this is covered by the Code of Practice requirement that there be a grace period: prior to parking you are to have sufficient time to read the signage and consider whether or not you want to accept their terms and park. You would say you didn't, as is borne out by the fact that the car was there for a 5 minute period. There is also a grace period after any period you paid for, but that's irrelevant. Quote the relevant part of the Code in your reply (not sure who your PPC is and whether they are a member of the BPA or IPC, each has a slightly different Code).

Be very careful not to id yourself as the driver.

Umkomaas

There are a numerous of issues within the notice letter. Firstly the notice to keeper was issued after 14 days I appealed on this ground using POFA 2012 and this is exactly what they replied to me 'On the day you had 2 visits one which was not paid for. We have not claimed to and are not seeking to use POFA 2012 to pursue the matter, therefore we have no requirement to issue any letters within 14 days'. Are they stating that they do not need to comply with POFA 2012?

Their decision not to rely on PoFA might be dependent on exactly what you said in your initial appeal to them.

Can you let us see your initial appeal please?

Half_way

Hi, I received a parking fine from a private company.

No you didnt.

What you did get though, is double dipped.

Whos car park was this?

raz123

Thanks for your reply, the VRN would have had to be entered correctly (the one time that it was) as they made it clear that one out of the two visit was not paid for and the unpaid visit has to be the first visit of five minutes. They are part of IPC. Just ridiculous and yep a scam like you said!

raz123

@loadsofchildren123 I apologise I'm new to this and not sure on how to reply directly to ones comment. Appreciate the information as it does seem really unreasonable to fine me for five minutes although they are trying to claim for an hours worth. Unfortunately the incident took place 20 days before the issue was given (although came through the post a good few days later) thus the receipt had been disposed of..to be honest I know they are not being honest in terms of specifying the time on the notice and their system should show that particular hour stated on the notice was actually paid for whilst the five minute was not. But taking your information on board should provide me with some defence hopefully! I am thinking to first email them asking to confirm the time again that was not paid for and then maybe call their bluff..? They are a part of IPC.

raz123

Umkomaas wrote: »

Their decision not to rely on PoFA might be dependent on exactly what you said in your initial appeal to them.

Can you let us see your initial appeal please?

Might be getting the hang of this replying now! :rotfl: in terms of using PoFA in my appeal it was as follows:- The Notice to Keeper failed to meet the obligations of Schedule 4 of the Protection of Freedoms Act 2012. Schedule 4, paragraph 9(5) specifies the time limits for serving a ‘Notice to Keeper’ in order for it to be valid, namely, not later than 14 days after the vehicle was parked. this was then just followed by specifying when the incident took place and when the issue was given (showing 20 days later) other than that not much else was mentioned.

raz123

Half_way wrote: »

No you didnt.

What you did get though, is double dipped.

Whos car park was this?

Brockholes in Preston, car parking company is Park with Ease

raz123

Loadsofchildren123 wrote: »

Yes, in saying POFA is irrelevant they are saying you are the driver and putting all their eggs in one basket.

Just reply with evidence that you paid for that period.

Re the earlier 5 minutes, this is covered by the Code of Practice requirement that there be a grace period: prior to parking you are to have sufficient time to read the signage and consider whether or not you want to accept their terms and park. You would say you didn't, as is borne out by the fact that the car was there for a 5 minute period. There is also a grace period after any period you paid for, but that's irrelevant. Quote the relevant part of the Code in your reply (not sure who your PPC is and whether they are a member of the BPA or IPC, each has a slightly different Code).

Be very careful not to id yourself as the driver.

Hi I have given a reply to this message but I wasn't sure on how to reply directly to someone at first -slowly getting the hang of it!:)

raz123

Coupon-mad wrote: »

Yes of course, because they don't have to...as explained in the top sticky thread, this is covered there, not a big deal and helps a keeper's appeal/defence as a keeper can't be liable.

Sounds like the driver might have input the VRN wrongly when paying, or the keypad was faulty. They have not registered payment and a VRN that matches the ANPR image that's all, happens all the time. A huge scam like all these charges.

Which PPC? Is it a BPA member offering POPLA or not?

Hi I did reply to this just wasn't sure how to directly reply but getting the hang of it slowly!