SiP parking fine Manchester

JerryJ64

Whilst mention of PoFA is not required, there are several points in that NtK that fail PoFA. Does the location give a full address of the location, including a post code? The location (relevant land) must be identifiable and unambiguous.

The NtK must describe the parking charges due from the driver as at the end of the period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made the charge payable. I don't see that fully described in the NtK.

The NtK must state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges; or (ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver. In this NtK, the wording is not technically correct and as it does not reference PoFA or which specific paragraph of PoFA it is relying on, this technicality can be argued.

Coupon-mad

It's not a fare.

And half of that appeal reads like ChatGPT wrote it, which we say avoid like the plague

Harambe123

JerryJ64 said:

The NtK must describe the parking charges due from the driver as at the end of the period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made the charge payable. I don't see that fully described in the NtK.

Am I right in thinking that this charge refers to whatever the tariff would have been on the day via the payment machine? Or does it refer to the £100 (£60 reduced) charge due to the alleged breach of contract?

JerryJ64 said:

The NtK must state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges; or (ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver. In this NtK, the wording is not technically correct and as it does not reference PoFA or which specific paragraph of PoFA it is relying on, this technicality can be argued.

Does it not mention this on the bottom left of the first page? Where it says "please be warned..."

Harambe123

Coupon-mad said:

It's not a fare.

And half of that appeal reads like ChatGPT wrote it, which we say avoid like the plague

Most definitely didn't use ChatGPT! Might be my robotic way of writing haha. I took the POFA paragraph from another older post that I saw with someone in a similar position.

JerryJ64

Harambe123 said:

JerryJ64 said:

The NtK must describe the parking charges due from the driver as at the end of the period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made the charge payable. I don't see that fully described in the NtK.

Am I right in thinking that this charge refers to whatever the tariff would have been on the day via the payment machine? Or does it refer to the £100 (£60 reduced) charge due to the alleged breach of contract?

It depends on what it says under the redacted bit about "Period of Parking":

Harambe123

JerryJ64 said:
It depends on what it says under the redacted bit about "Period of Parking":

It just says the date and time from and the date and time to

Coupon-mad

Harambe123 said:

JerryJ64 said:

The NtK must describe the parking charges due from the driver as at the end of the period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made the charge payable. I don't see that fully described in the NtK.

Am I right in thinking that this charge refers to whatever the tariff would have been on the day via the payment machine?

Or does it refer to the £100 (£60 reduced) charge due to the alleged breach of contract?

It's never been clear and is up to interpretation either way. The POFA Schedule 4 was badly drafted, over a decade ago.