How to appeal a parking charge on a technicality?

Johnnybravo192837

Hi all,

Fresh faced member joining the site! Please don’t shoot me... I’ve been reading as much as I can on the topic of private parking charges, and have jumped into creating a thread!

So if provide some context.. "driver X" (amended based on advice below - thanks!) has parked in a private car park and has been sent a PCN. Incident took place 18th Feb, letter received for incident (date as 16th May). I have appealed as this was sent outside of the 14 days days as required by POFA?

From the experience of the wise folk on this site, what are the chances of success? If they reject, does "driver X" have a leg to stand on? (Firm is MET parking services, member of BPA I believe).

Thank you in advance

Browntoa

Have you read the newbies thread

It has all the information you need

Johnnybravo192837

Thanks and yes I have - it’s great! I still wasn’t sure on whether posting/receiving the letter “late” constitutes the appeal being successful? I’ve read others have tried and failed, hence why I wanted to check what people’s experiences / thoughts were

Umkomaas

14 days for ANPR capture, 28-56 for windscreen ticket if they are attempting to pursue under PoFA. Otherwise they have 6 months to issue a PCN.

Is the letter headed 'Notice to Keeper' or is it a reminder?

Guys_Dad

PCN based on ANPR must arrive within 14 days. However, if car is leased or on hire, the PCN may be sent to the leasing company which opens a different avenue.

Johnnybravo192837

It’s a notice to keeper (asking for payment/or to pass to driver to pay), and incident captured by ANPR (no notice left on windscreen). First we’ve seen / heard about it.

What’s your thoughts on our position? Will they try rejecting / can they ? Thanks!

MistyZ

I suspect they will reject ... depends. Do a search for other MET threads to see if this is one of the companies that folds when they know they're on a sticky wicket.

So often the main purpose of the first appeal to the PPC is to obtain a POPLA code. I would think that a well-prepared POPLA appeal would have a very good chance of success based on what you have said.

Umkomaas

1. You should email the DVLA and ask which organisations (when and for what reason) accessed the registered keeper's data from them between a range of dates which includes the date(s) of the parking incident(s). You need to provide the registered keeper's full name and address, the address on the V5C logbook and the Vehicle Registration Mark of the vehicle involved in the parking incident.

SubjectAccess.Requests@dvla.gov.uk

This service is free of charge.

Even though you email your request, the DVLA will respond via Royal Mail.

2. Does your Notice to Keeper (NtK) contain a paragraph about the Protection of Freedoms Act 2012, which commences 'You are notified under paragraph 9(2)(b) of Schedule 4 ..... '. And a further paragraph which commences 'You are warned that if, after 29 days from the date given ....'?

Johnnybravo192837

Thanks for your advice above, I’ll do that. What does that help with?

In terms of the second question, no, nothing like that in the letter. Says nothing about being warned or what next steps look like. It if helps, a subtract below from the letter:

“... at the time of this notice we do not know both the name of the driver and a current address for service all the driver and as the registered keeper of the vehicle you are now invited to either pay the unpaid parking charge or if you are not the driver of the vehicle to notify us of the name of the driver and the current address for service for the driver and pass this notice on to the driver”

Does that help?

Umkomaas

OK, as they are not pursuing this under PoFA, there's no need to contact the DVLA.

Providing you don't identify the driver - use the blue text template from the NEWBIES FAQ sticky, post #1, unaltered - then this is very winnable. You do need to edit any of your posts where there is any hint of the driver's identity (your opening post needs your urgent attention). Use 'the driver', not a name or other identifier.

Remember, you are not appealing this (you might be doing the work, but it's not your charge), it must be done in the name of the person to whom the NtK is addressed.

Johnnybravo192837

Thanks - noted, and original post amended

Agreed - I sent the appeal off yesterday (driver not named, and stated I won't be identifying them either), and of course makes sense. I did write the email in the name of the "keeper" of the car

Any thoughts on what you think they might do? From reading around, I suspect they'll reject? thanks for your help!