Parking ticket appeal

Kweenbee

Received a parking charge notice towards end of Jan. It was from Corporate services "parking management" of Hereford.
Am in the medical field, so went to see a patient and the signage I didn't see as it was in tiny writing, parking bays unclearly marked. I was with the patient for about an hour.
It's now been three weeks and I'm sorting out an appeal email. And hoping to send it off on day 26.
I drive a company car and I've not heard anything from my company yet or received a letter in the post.
The reason I got ticket was "parked without displaying a valid permit"
Now, just wanted to double check my email is the right one to send..... Out of the two, which one do I send.

Email 1.
To whom it may concern,

Reference: Parking Charge Notice xxxxxxxxx : Vehicle Registration xxxxxxx

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by corporate services (“Parking management ”) as a Notice to Hirer. I confirm that as the hirer of this vehicle, I am its keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN.!

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why Corporate services Notice to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.!

Given that corporate services has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Yours faithfully,

(a signature squiggle)

OR do I send this one........

Email 2.
Re: Parking Charge Notice! xxxxxxxx

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your Parking Charge Notice is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the Parking Charge Notice, because your Notice does not explain it.!

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,!

Xxxxxxx
Xxxxx
Xxxxxxx

(THE NAME!AND POSTAL ADDRESS!OF!THE KEEPER (OR THE HIRER/LESSEE)!GOES HERE.)!


Any advice and help would be appreciated.

Coupon-mad

It's now been three weeks and I'm sorting out an appeal email. And hoping to send it off on day 26.
I drive a company car and I've not heard anything from my company yet or received a letter in the post.

You won't have done, as the PPC can only access the DVLA data after day 28.

Does the PCN give you 28 days to appeal, or just 21? Does it allow emails?

just wanted to double check my email is the right one to send..... Out of the two,

You mean you are debating between the hirer one or the normal blue writing one?

When it's a windscreen PCN, use the NORMAL blue writing appeal as you do not yet want to tell them that you are the hirer/lessee. You are just the 'keeper'.

You can remove this bit:

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the Parking Charge Notice, because your Notice does not explain it.

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

You could instead say you were an occupant of the car and were on an NHS visit and displayed your card (if you did) and thus a complaint will be make to the landowner, if this PCN is not cancelled. You can attach your proof.

DO NOT SAY 'DRIVER'!

Kweenbee

Many thanks for your reply.
Yes the appeal company gives 28days and appeal is via email too.
Mine was a windscreens PCN so I'll use the first draft to send instead of the second one.
I didn't have chance to display my card in the windscreen as had alot of equipment to take to patient's bungalow so forgot.
What kind of proof can I attach to state I was there on a visit to see my patient, the only thing I have is a copy of my patients with their addresses for the day.

Very grateful for all the help.

nosferatu1001

So you got a windscren ticket?
Then your version 1 is not in any way shape or form correct. They have not issued a "notice to hirer", they have issued a notice to driver.

Edit your posts
You muse not identify the driver

Kweenbee

So basically send them this..

Re: Parking Charge Notice! xxxxxxxx

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your Parking Charge Notice is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

I was an occupant of the car making an NHS visit for a resident there.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,

Xxxxxxx
Xxxxx
Xxxxxxx

(THE NAME!AND POSTAL ADDRESS!OF!THE KEEPER (OR THE HIRER/LESSEE)!GOES HERE.)!
[U[/U]

Just the end bit, is it necessary to put my name and address at the bottom or can I omit this. Because then, won't they know where to pursue the issue...???

Coupon-mad

Kweenbee wrote: »

Many thanks for your reply.
Yes the appeal company gives 28days and appeal is via email too.
Mine was a windscreens PCN so I'll use the first draft to send instead of the second one.

The complete opposite of what I advised?

When it's a windscreen PCN, use the NORMAL blue writing appeal as you do not yet want to tell them that you are the hirer/lessee. You are just the 'keeper'.

Glad to see nosferatu1001 pointed that out. Please read what we say!

Just the end bit, is it necessary to put my name and address at the bottom or can I omit this. Because then, won't they know where to pursue the issue...???

Obviously you give your name and address...would you rather they went for the DVLA 'registered keeper' data on day 29 and wrote instead to the hire/lease firm, who will pay it and charge you?!

The NEWBIES thread tells you very clearly that in hire/lease cases you MUST hook the PPC in your direction. That's the whole point of appealing on day 26, to STOP THEM going to the DVLA.

Your plan - not giving your name/address(!) - throws the entire tactic in the bin.

Kweenbee

I got it. Finally getting my head around the jargon.