2024 Northampton - new AZURE parking - PARKING Charge

6liuxa

Hi Guys, 

I am back for another lesson to learn. So hopefully this time will make it good. As 1st time back in 2008 online help worked.Then 4 years ago didn't. And now is the third.

New parking in Northampton - shadowed by Azure Parking, so hopefully this will help to locals.

Below attached letter 

For alleged contravention on 18/09/24 

received on 3 or                       4/10/24

Leter dated                              1/10/24 

So its either 14 days or 16 past the "offence"

I am 99% sure the 2hr free parking time was not exceeded. 

When checking on their site - NO Supporting information or evidence  

No time entry no time left , nor the photo of the driver or vehicle.

Something not right even with the GDPR.

Hence it is new operator - there will be more victims id suppose.

So I am starting drafting the appeal letter from newbie post:

English is my 4th language so hopefully achieve the justice this time after learning from mistakes.

6liuxa

Mindpath:

1. As this is retail park - is a mix of retailers, according local newspaper - Northhold Group has recently bought St Peter's Way Retail Park. (Are they owners)

QUESTION:        Should I complaint to them first // appeal // or do it simultaneously?

Coupon-mad

That NTK shows your name on page one, and a QR Code that might also identify you, at the top of page two.  Here's a redacted version:

The NTK is non-POFA for 2 reasons:

1. the dates mean the earliest it was deemed delivered was day 15. Too late!

2. the wording isn't POFA compliant, even though they lie that the keeper can be held liable, which is naughty and misleading..

Appeal as registered keeper using these words. Do not tell them who was driving:


This an appeal by the keeper; don't bother asking for driver details because they will not be named.  We both know its not possible to hold a keeper liable by delivering a NTK late (day 15) and with the hopelessly non-compliant wording you have cobbled together. There can be no keeper liability. Cancel this PCN otherwise you will lose at POPLA.

kryten3000

The Registered Keeper appeals using the text from the Newbies thread.  When notices are late I like to add something like:

In order to pass liability to me, the vehicle keeper, you must adhere strictly to the requirements of the Protection of Freedoms Act 2012, schedule 4, Paragraph 9. This you have not done, in particular the part which states that you must serve a compliant notice within 14 calendar days of the parking event.  Your notice is dated 1st October 2024 for a parking event on the 18th of September which means it was not deemed delivered until Thursday 3rd October 2024 which is the 15th day.

Additionally you have failed to state a "period of parking" as required.  It is not in your gift to substitute an issue date/time for the statutory requirement of a "period of parking to which the notice relates"


They will undoubtedly reject this first appeal but it's a guaranteed win at the POPLA stage on the "no keeper liability" ground alone.  

6liuxa

  left some id details... Oh dear... 

Thanks for that. 

Visited Today retail parking shop (For Plan "A") where I made shopping in "HomeBargains" on the day, to speak with store manager. Unfortunately - she has no force as she had 3 penalties herself to deal with.

So getting back to MsWord + newbie thread. 

This is what I got:

Re Parking Charge Reference: 

                  I dispute your 'parking charge', 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 PC 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 full evidence must include the actual grace period agreed by the landowner.

This an appeal by the keeper; don't bother asking for driver details because they will not be named.  We both know it's not possible to hold a keeper liable by delivering a NTK late (day 15) and with the hopelessly non-compliant wording you have cobbled together.  There can be no keeper liability. THE DRIVER IS NOT IDENTIFIED.

Cancel this PCN otherwise you will lose at POPLA. 

In order to pass liability to me, the vehicle keeper, you must adhere strictly to the requirements of the Protection of Freedoms Act 2012, schedule 4, Paragraph 9. This you have not done, in particular the part which states that you must serve a compliant notice within 14 calendar days of the parking event.  Your notice is dated 1st October 2024 for a parking event on the 18th of September which means it was not deemed delivered until Thursday 3rd October 2024 which is the 15th day.

Additionally you have failed to state a "period of parking" as required.  It is not in your gift to substitute an issue date/time for the statutory requirement of a "period of parking to which the notice relates"

 

Car park was used in good faith, as we are genuine customers of the retail park business. It was spent over £200 at HomeBargains and TK MAXX on that day and such a bogus parking ticket represents a harassment of genuine customers. When Northhold Group has recently bought St Peter's Way Retail Park and trying to bring back clients and life to this place.

THE NAME AND POSTAL ADDRESS OF THE KEEPER (OR THE HIRER/LESSEE) GOES HERE, OR IN THE RELEVANT BOX ON THEIR APPEALS PAGE.

Adding name and good to go?

Fruitcake

No, it's not fourteen calendar days from the parking event, it is fourteen days beginning with the day after the parking event. Luckily, it's still too late for keeper liability to apply, but as already stated, it's not compliant on PoFA wording either.

Coupon-mad

No.

Both myself and @kryten3000 wrote bespoke appeals for you. Choose one!

6liuxa

Thanks. I was confused by Instruction from Newbies forum: 

-> fit all template -> customise as required.
and you both added something.

The Registered Keeper appeals using the text from the Newbies thread.   When notices are late I like to add  ...

I have used (bespoke) wording, as this doesn't not provide them information to improve on their 

"predatory tactics" 

Suppose this appeals getting shorter nowadays. 

As if NTK failed -  the rest of reasons not important.

Today got back to "PLAN A" and contacted Northold Group  (landlord) and receptionist said 

1. Signs everywhere... 
2. Rules clearly stated

3. The evidence is not important if you breach rules

I was surprised, felt like calling Azure Parking Offices 

Facebook Post is on the way to alert locals ...  

6liuxa

Had an UPDATE:

Good afternoon,

Please be advised, for a Parking Charge to be compliant with the Protections of Freedoms act 2012 (POFA), the Notice to Keeper must be sent within 14 days from the date of the contravention.

The date of the contravention is 18/09/2024, the letter was sent 01/10/2024. This is 13 days, which is within the timeframe.

This case is compliant with POFA and therefore if you do not provide driver details, legally we can hold you as the keeper liable.

 Should you wish to appeal against the issuing of the Charge, please do so in response to this email within 7 days.

 

Should you wish to make payment to resolve, please refer to the back of our initial correspondence for our payment methods.

 

Kind regards 

Shannon Kelly 

Any suggestions now to add the rest of the issues with the PCN?

Like evidence, time in out? 

KeithP

6liuxa said:

Had an UPDATE:

Good afternoon,

Please be advised, for a Parking Charge to be compliant with the Protections of Freedoms act 2012 (POFA), the Notice to Keeper must be sent within 14 days from the date of the contravention.

The date of the contravention is 18/09/2024, the letter was sent 01/10/2024. This is 13 days, which is within the timeframe.

This case is compliant with POFA and therefore if you do not provide driver details, legally we can hold you as the keeper liable.

 Should you wish to appeal against the issuing of the Charge, please do so in response to this email within 7 days.

 

Should you wish to make payment to resolve, please refer to the back of our initial correspondence for our payment methods.

 

Kind regards 

Shannon Kelly 

Any suggestions now to add the rest of the issues with the PCN?

Like evidence, time in out? 

They are mistaken with their interpretation of The Protections of Freedoms Act 2012

I'm going to summarise, but POFA tells us that in this situation a notice must be given within fourteen days of the parking event.
It also tells us that a notice is deemed given two days after it was sent.
The parking company state that 'the letter was sent 01/10/2024'.
If it was sent on 1st October, then the earliest it could be deemed delivered is 3rd October.

In your case, if the Notice to Keeper is intended to hold the keeper liable for the driver's actions, it must have arrived with the keeper on or before 2nd October.

Grizebeck

Just use one of the bespoke appeals