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Private carpark fine

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Comments

  • Umkomaas
    Umkomaas Posts: 43,072 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    There was no signage at the car park/location indicating any restrictions
    If you have to tick a box, that one will do.
    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 Street
  • Umkomaas said:
    There was no signage at the car park/location indicating any restrictions
    If you have to tick a box, that one will do.
    Yeh, I do have to select 1. Thanks.
  • Umkomaas said:
    There was no signage at the car park/location indicating any restrictions
    If you have to tick a box, that one will do.
    Even though I've ticked to say everything I say is true?
    And this isn't true, as there was a sign?
  • Coupon-mad
    Coupon-mad Posts: 150,138 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It will do.   
    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 THREAD
  • It will do.   
    OK, selected this no signage one, and have copied and pasted the template word for word, snd sent it off. Let's see what happens! 
    Thanks so much for your help so far.

    And thanks to everyone else for your help so far. So many knowledgeable people in here. Thank you.
  • eeehhh123
    eeehhh123 Posts: 51 Forumite
    10 Posts
    edited 11 April 2024 at 12:47PM
    It will do.   
    Hi again, 
    Thanks for all your help last time.
    I've received my parking charge reminder notice, now charging the £100.
    The letter states there is clear signage.
    It also says 'We are writing to inform you that the requirements of schedule 4 of the Protections of Freedoms Act in respect of keeper liability have now been satisfied.  As 29 days have passed from the date of the original Parking Charge Notice detailed above, Carparkers, as the creditor, now has the right to recover any unpaid part of the Parking Charge from you, the registered keeper'.

    But it hasn't been 29 days...
    From the date of the original Parking charge notice (13th Feb 24), to when this was issued (only received today but was issued a week ago on 4.4.24), is 51 days?
    And from when I appealed (26.2.24) to date of thus recent notice (4.4.24) is 38 days.
    I know it says they have to respond within 35 days, so are they outside of this now? Or does it not include weekends/Bank Holidays?
    Could you please help me with my next step? 
    I'd really appreciate your advice.

    Thank you.
  • nopcns
    nopcns Posts: 575 Forumite
    500 Posts Name Dropper
    What does your POPLA status say? You did send your POPLA appeal didn't you?

    Did you by ay chance draw the assessors attention to the fact that they cannot hold you liable as the keeper because they never fully complied with the requirements of PoFA Schedule 4? They failed to include the requirements of PoFA 9(2)(e)(i).
  • eeehhh123
    eeehhh123 Posts: 51 Forumite
    10 Posts
    nopcns said:
    What does your POPLA status say? You did send your POPLA appeal didn't you?

    Did you by ay chance draw the assessors attention to the fact that they cannot hold you liable as the keeper because they never fully complied with the requirements of PoFA Schedule 4? They failed to include the requirements of PoFA 9(2)(e)(i).
    No. I haven't done the POPLA one yet, this was the 1st one.
    I thought if this one got rejected, you then appeal to POPLA?

    And I just copied and pasted the appeal template I got from here.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    eeehhh123 said:
    It also says 'We are writing to inform you that the requirements of schedule 4 of the Protections of Freedoms Act in respect of keeper liability have now been satisfied.  As 29 days have passed from the date of the original Parking Charge Notice detailed above, Carparkers, as the creditor, now has the right to recover any unpaid part of the Parking Charge from you, the registered keeper'.

    But it hasn't been 29 days...
    From the date of the original Parking charge notice (13th Feb 24), to when this was issued (only received today but was issued a week ago on 4.4.24), is 51 days?
    And from when I appealed (26.2.24) to date of thus recent notice (4.4.24) is 38 days.
    But they don't have to react exactly 29 days later.
    By responding after 51 days, they have satisfied the 'after 28 days' condition.
  • eeehhh123
    eeehhh123 Posts: 51 Forumite
    10 Posts
    edited 11 April 2024 at 1:41PM
    KeithP said:
    eeehhh123 said:
    It also says 'We are writing to inform you that the requirements of schedule 4 of the Protections of Freedoms Act in respect of keeper liability have now been satisfied.  As 29 days have passed from the date of the original Parking Charge Notice detailed above, Carparkers, as the creditor, now has the right to recover any unpaid part of the Parking Charge from you, the registered keeper'.

    But it hasn't been 29 days...
    From the date of the original Parking charge notice (13th Feb 24), to when this was issued (only received today but was issued a week ago on 4.4.24), is 51 days?
    And from when I appealed (26.2.24) to date of thus recent notice (4.4.24) is 38 days.
    But they don't have to react exactly 29 days later.
    By responding after 51 days, they have satisfied the 'after 28 days' condition.
    Oh have I misunderstood?
    I thought they had 35 days from my appeal to respond to me, and if they don't the case gets dropped? Is that not right?
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