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PARKING CHARGE NOTICE (PRIVATE)

expelliarmus_bailiffs
Posts: 12 Forumite

I was at a tesco car park and had to park at a disabled spot . FYI I had injured my ankle and had trouble walking however I do not have a blue badge as I am not disabled. It just so happened that I was unable to walk properly for a short amount of time . It was 9AM and the regular car park close to the supermarket was full . My only other option is to park further away (2-3mins walk) away which was impossible for me at the time or to park at the disabled spot . I was in tesco for 10 mins and was out again.
The PCN issued to me was not a ticket displayed on my window but a ticket sent out to my business address (this is a business lease car) . They had sent it to the lease company and lease company transferred liability to us (lease company also charged me £15 for it)
However the offence date was for example ( i will use a made up date but accurate no, of days )
14/05/2023 however the date issued date on the letter is 06/06/2023 . In my eyes this is out of the scope of the 14 days to issue a PCN . However I do not know what to write or include due to the fact of parking in a disabled spot without a valid blue badge .
I appreciate if anyone can help me with this
Thank u
The PCN issued to me was not a ticket displayed on my window but a ticket sent out to my business address (this is a business lease car) . They had sent it to the lease company and lease company transferred liability to us (lease company also charged me £15 for it)
However the offence date was for example ( i will use a made up date but accurate no, of days )
14/05/2023 however the date issued date on the letter is 06/06/2023 . In my eyes this is out of the scope of the 14 days to issue a PCN . However I do not know what to write or include due to the fact of parking in a disabled spot without a valid blue badge .
I appreciate if anyone can help me with this
Thank u
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Comments
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If it's Horizon Parking, they can't hold keepers or lessees liable anyway, so you can just send the appeal by Edna Basher as seen in the lease cars section at the end of the NEWBIES thread first post.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Yup its Horizon .
Just to confirm is it this template please ?
Thank you for your help
Dear Sir,
Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]
I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Highview Parking Ltd (“Highview”) 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 Highview’s 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 Highview 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,
[Insert squiggle as signature]
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expelliarmus_bailiffs said:Yup its Horizon .
Just to confirm is it this template please ?
Thank you for your help
Dear Sir,
Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]
I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Highview Parking Ltd (“Highview”) 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 Highview’s 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 Highview 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,
[Insert squiggle as signature]Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street2 -
thank you i will update what happens1
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I had a PCN from Vehicle Control Services who had issued to my company car . I then changed liability to myself and the letter has arrived to me . As this is a lease car i am using the template from Edna however while filling in the appeal form , it asks to select the appellant type . Which one do i use , driver , hirer or keeper ? I just want to make sure so I dont give them a chance of me slipping up
Thank you0 -
Whatever you do, do not select driver.
All three of the Edna Basher template appeals rely on that.
This will be easily winnable if you don't give away the driver's identity.2 -
KeithP said:Whatever you do, do not select driver.
All three of the Edna Basher template appeals rely on that.
This will be easily winnable if you don't give away the driver's identity.0 -
KeithP said:Whatever you do, do not select driver.
All three of the Edna Basher template appeals rely on that.
This will be easily winnable if you don't give away the driver's identity.
Would you know which one I will have to choose please0 -
expelliarmus_bailiffs said:KeithP said:Whatever you do, do not select driver.
All three of the Edna Basher template appeals rely on that.
This will be easily winnable if you don't give away the driver's identity.
Would you know which one I will have to choose please
You haven't shown us the complete list.
Is there perhaps an 'other' option?
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KeithP said:expelliarmus_bailiffs said:KeithP said:Whatever you do, do not select driver.
All three of the Edna Basher template appeals rely on that.
This will be easily winnable if you don't give away the driver's identity.
Would you know which one I will have to choose please
You haven't shown us the complete list.
Is there perhaps an 'other' option?0
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