2024 Northampton - new AZURE parking - PARKING Charge

Coupon-mad

And lodge a complaint with Azure that their staff have just lied to you about keeper liability and you want them to apologise for their misleading crap and admit the NTK is obviously not POFA compliant because it isn't about when a NTK was 'sent'. Young 'Shannon' needs urgent retraining.  If they fail to apologise and either cancel the PCN or send a POPLA Code, you will escalate the complaint to the BPA and DVLA as well as your local MP.

6liuxa

This was a response for my appeal from them AzureParking sent over the email. 

Grizebeck said:

Just use one of the bespoke appeals          

I did used the one by Coupon-mad on their "Appeal process page link"

Coupon-mad said:

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.

Should I go now with the one in Newbee forum + "bespoke tailore?"and reply to their email:

Re PCN number: 

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. (Even if Landlord is aware???)There will be no admissions as to who was driving and no assumptions can be drawn. 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. 

In this 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.

POFA 8.6  - A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph on the second working day after the day on which it is posted; ...

Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include:

1. A close up actual photograph of the sign you contend was at the location on the material date
2. Your images of the vehicle
2. A "period of parking" as required. 
3. As the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

Importantly, you have failed to state a "period of parking", that is 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" and/or interpret POFA to your favour.
THE NAME AND POSTAL ADDRESS OF THE KEEPER from V5
THE DRIVER IS NOT IDENTIFIED. 

I intend using the email that they used to reply on to my appeal.

Coupon-mad

Should I go now with the one in Newbee forum + "bespoke tailore?"

No.

Reply as I advised.

6liuxa

is this good: 

Hi Shannon, 

I would like to lodge a complaint with Azure that their staff (you) have lied to me about keeper liability and I want you to apologise for the misleading crap and admit the NTK is obviously not POFA compliant because it isn't about when a NTK was 'sent'. 

You 'Shannon' need an urgent retraining. 

If AzureParking or Parking Admin Centre (www.paymyparkingcharge.com) fail to apologise and either cancel the PCN or send a POPLA Code, I will escalate this complaint to the BPA and DVLA as well as my local MP.

Looking forward to hearing from you.

Coupon-mad

You don't start a formal email

"Hi Shannon"

Nor do you end it with that friendly line.

6liuxa

Hi Again, 

I sent them 

Hi there, 
To whom it may concern.
I would like to lodge a complaint with AzureParking that their staff (you) have lied to me about keeper liability, and I want you to apologise for the misleading crap and admit the NTK is obviously not POFA compliant because it isn't about when a NTK was 'sent'. 
You 'Shannon' need an urgent retraining. 
If AzureParking or Parking Admin Centre (www.paymyparkingcharge.com) fail to apologise and either cancel the PCN or send a POPLA Code, I will escalate this complaint to the BPA and DVLA as well as my local MP.
 Regards, 
"Keeper" 

and got a reply:

Good afternoon,
Please read the below link to provide you some more information on the Protections of Freedoms act, we advise that you read this and familiarise yourself with the facts.

Protection of Freedoms Act 2012

The letter must be sent within 14 days of the contravention. Our letters are dated.

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 as previously stated.

If the 14 days started when you received, we would not be able to keep a record of this as we do not have control over the postal service.

I must confirm this that this case IS complaint with the protections of freedoms act 2012, therefore if you do not name the driver, we can legally hold you as liable. POPLA will advise you the same.

You have provided no context to your appeal, therefore we can not process this as we have nothing to address.

We have placed the account on a FINAL 7 day hold. If your appeal has not been received in this timeframe, we can not issue you a POPLA code.

Regards 

Shannon Kelly 

Any further guidance?

KeithP

I was just about to write an in depth response to that reply but I see that I, and many others, have already done that.

Here again is my earlier explanation of the date fiasco... 

KeithP said:

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.

6liuxa

I do understand that,  as I read the POFA and can agree with you. 

However I need to reply and proceed with the complaint and as I put the trust in this community , I intend to follow the "way" . this community was helpful before and hope again.

Coupon-mad

Reply thusly:


Dear Shannon,

Your understanding of the POFA is wrong.

You need retraining and this will be escalated to the BPA if you keep refusing a POPLA Code and lying to me and pushing "Shannon Kelly's own cloud cuckoo land misinterpretation of Schedule 4".  This is getting tedious now.

Tell you what: my appeal is that your signs are not compliant.

Will that do?  POPLA code now please so you can get educated by an assessor who can read Schedule 4 properly.

yours sincerely

6liuxa

Hi Guys, 

It's been 7days since I sent a reply. And I had nothing back apart from automated one - acknowledging my email.

Any thing on my side to do? As no POPLA code or Dismissal.