Parking Charge Notice - Parking Charge Limited - Questions ?

BigBlueSky

First of all, I have gone through the newbies thread and very confused and still don't fully understand all the terminology.

A family member received a 'Parking Charge Notice' from a company called 'Parking Charge Limited' after parking in a sports centre car park on a Sunday.  They had incorrectly thought it was free parking on a Sunday when it fact it was £2 for the day.

This occurred on 28/05/2023 with the notice being sent (according to their letter) on 09/06/2023 with a £100.00 charge reduced to £60 if paid within 14 days (even though a week of that has already gone before it arrived).  This however didn't arrive until yesterday 14/06/2023.

Does the 14 day window apply to one of these ?

Anything we can do/say to try and get a successful appeal would be great.

B789

What "14 day window"? If you're referring to PoFA, it is not compliant as it is deemed to have been delivered on Monday 12th June which is 15 days after the alleged breach of contract.

If you appeal this then do not give away the identity of the driver. You appeal as the registered keeper using the blue template appeal as per the Newbies/FAQ thread.

BigBlueSky

Thank you for your quick reply.

Yes, that is what I was referring to.  So we would have a good case for an appeal purely based on the deemed to have been delivered date being 15 days after ?

I've gone ahead and submitted the appeal as the registered keeper using the blue template.  I assume we don't mention the 15 days at this point ?

B789

Just wait for the appeal response. Don't mention the 15 days for now. If the appeal is rejected then you will appeal at POPLA. Nothing should be mentioned that discloses who was driving. No "I parked..." or "I drove to..." etc.

BigBlueSky

B789 said:

Just wait for the appeal response. Don't mention the 15 days for now. If the appeal is rejected then you will appeal at POPLA. Nothing should be mentioned that discloses who was driving. No "I parked..." or "I drove to..." etc.

Thank you.  I understand, no, I wouldn't do that.

Castle

B789 said:

What "14 day window"? If you're referring to PoFA, it is not compliant as it is deemed to have been delivered on Monday 12th June which is 15 days after the alleged breach of contract.

If you appeal this then do not give away the identity of the driver. You appeal as the registered keeper using the blue template appeal as per the Newbies/FAQ thread.

9th June 2023 was a Friday, so the date of deemed receipt would have been Tuesday 13th June.

BigBlueSky

This is the appeal I sent through to them.

"I dispute your 'parking charge' received yesterday 14/06/2023, as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

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 PCN, 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.

As per your notice letter it states that "The notice is deemed to have been given to you on the second working day after the Date of Sending above", as per POFA 9 (6).

Taking into consideration the statement mentioned previously the date that you assume I would have received would be the 13th of June 2023, 16 days after the parking event, however the actual date received was 14th of June 2023 (17 days after).

Because of that you have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act.

You have also failed to give notice of keeper liability as required by 9 (2) (f) of the same Act."

I've now had back a letter stating:

"You have now reached the end of our internal appeals procedure.  We've considered the points you've raised within your appeal, however we must advise that the PCN has been issued correctly and we're unable to cancel the notice".

It then goes onto say that the T&C's are clearly displayed and payment could have been made via various methods. 

They also state:

"Considering the evidence, we (Parking Charge Limited) are satisfied that the PCN has been issued in line with industry standards and is compliant with the British Parking Associations (BPA) code of practice".

They give a further 14 days from the date of the letter (19/06/2023) to pay the 'discounted' £60 amount.

Coupon-mad

And you know what to do next from reading the 3rd post of the NEWBIES thread.

Which is the next stage that you already said you understand, so please show us your draft POPLA Appeal when you are ready:

BigBlueSky said:

B789 said:

Just wait for the appeal response. Don't mention the 15 days for now. If the appeal is rejected then you will appeal at POPLA.

Thank you.  I understand, 

BigBlueSky

Thanks for you reply.

Yes, I wanted to update for those following the thread what they came back with.  I've found this useful myself when doing my research on this.

I will be appealing this with POPLA using the verification code I have sent.

In your opinion is the appeal I sent directly to the parking company sufficient to send to POPLA ? - I'm not disputing the signage or any other details.  I assume I don't need lots of extra information to be contained in the appeal.  The reason I am using for the dispute is simply the dates.  The incident occurred on 28/05/2023, the notice was sent on 09/06/2023 with the deemed notice given date being 13/06/2023 - 16 days after the incident date.

Thanks again.

B789

Not sure which bit of "Don't mention the 15 days for now." bit you misunderstood.

B789 said:

Just wait for the appeal response. Don't mention the 15 days for now. If the appeal is rejected then you will appeal at POPLA. Nothing should be mentioned that discloses who was driving. No "I parked..." or "I drove to..." etc.

BigBlueSky said:

In your opinion is the appeal I sent directly to the parking company sufficient to send to POPLA ? - I'm not disputing the signage or any other details.  I assume I don't need lots of extra information to be contained in the appeal.  The reason I am using for the dispute is simply the dates.  The incident occurred on 28/05/2023, the notice was sent on 09/06/2023 with the deemed notice given date being 13/06/2023 - 16 days after the incident date.

If you are so confident that you can win on a single point, be our guest. However, why not include everything as advised in the Newbies/FAQ thread under POPLA appeal. You only have to win on one point whereas the PPC has to win on them all. Why lower your odds?

BigBlueSky

Hi.  Thanks for your reply.

I'm not confident at all, this is all new to me and despite reading all the threads and suggestions I'm still not sure whether I should be confident or not under the circumstances.

I thought what was in that appeal in the FAQ was a case of picking out the points that I believed were relevant to my case rather than including all of them.  Sorry, that is my misunderstanding.