Parking Ticket - Notice to Keeper

Darknight2

Only thing accompanied this NTH was on the back of the same page details of how to make a payment within 28 days, and a different paper for a payment slip and a driver identification form.

I believe you are referring to the 21 days where the PPC must provide me (the hirer) the NTH and copy of documents for 13(2)? So would you say I can send the appeal on the 25th of October? Also from my understanding from Para 13 the Keeper (the company) also cannot be held liable?

Coupon-mad

I'd appeal on Thursday 24th October just in case they are counting 4th as 'day one'.

Darknight2

Okay, here is my draft appeal as per Edna_Bashers post, please let me know if it's OK:

Parking Charge Notice [xxxx]: Vehicle Registration [xxxx]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Secure Parking Solutions 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 the 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 Secure Parking Solutions 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,
xxxx

Coupon-mad

I'd just change:

Given that Secure Parking Solutions has forfeited its right to keeper liability

to

Given that Secure Parking Solutions has forfeited its right to hirer liability

Darknight2

Hi,

So I've tried to log in to their portal to submit the appeal today but they've disabled the option to appeal (guessing as the original PCN NTK has been more than a months old now). However I only received the NTH on the 4th of October so I believe I'm still within my rights to send an email as an appeal? I've sent out the appeal and got this as an automated response:


I've also sent the email to their appeal address and got this automated response:



Not sure if that's all I should do and wait for a response from them?

Coupon-mad

Send it to their complaints email address immediately and add words at the top saying this is a formal complaint because you have blocked me from appealing despite the Notice to Hirer only arriving around 10th October.

Darknight2

Just got this email now. The PCN has been cancelled!!

"Thank you for your appeal received on 24/10/2024 regarding the above detailed Parking Charge

Notice. We have reviewed the case and considered the comments that you have made. On this

occasion the appeal has been accepted and the PCN has been cancelled."

Major thank you all for the support with this!!!

Coupon-mad

Very good news!