Azure Parking - how to appeal "No parking at any time" PCN?

Ulrich

Hi All,

I used this forum successfully in the past to challenge PCNs at retailers' car parks.
This time is a bit different so I need some advice on how to proceed.

Here is the NTK:


On the website there are 2 evidence pictures:

where red arrow points to the T&Cs sign

This part of the road is actually in front of the entrance to the short stay car park, here's an older Google maps picture from a different point of view:

The long stay parking entrance and the road to the left were closed by metal barriers.

The red circle shows the place where I stopped my vehicle to check on the strange noise that was coming from underneath it.
Upon completion I made a U-turn and left the place.

I read the Newbies thread but not sure if use of the "One size fits all" appeal template is my best choice considering the circumstances and the letter/evidence PPC provided?

Thanks in advance for any advice and guidance.

The_Slithy_Tove

You're probably best to stick with the standard appeal to begin with as per the Newbies thread, as it'll be rejected whatever you say. Save your ammo for POPLA appeal.

NTK is not POFA compliant. And there can be no contract entered into as there was never any offer to park in the first place.

Gr1pr

Adapt one of the bespoke appeals in the following thread, by kryten (or coupon mad)

https://forums.moneysavingexpert.com/discussion/6559719/2024-northampton-new-azure-parking-parking-charge/p1

Coupon-mad

Gr1pr said:

Adapt one of the bespoke appeals in the following thread, by kryten (or coupon mad)

https://forums.moneysavingexpert.com/discussion/6559719/2024-northampton-new-azure-parking-parking-charge/p1

Seconded. Azure are a new problem.

Notorious ZZPS handle the (joke) appeals and this one should be a laugh.  No paying!

Ulrich

Coupon-mad said:

Gr1pr said:

Adapt one of the bespoke appeals in the following thread, by kryten (or coupon mad)

https://forums.moneysavingexpert.com/discussion/6559719/2024-northampton-new-azure-parking-parking-charge/p1

Seconded. Azure are a new problem.

Notorious ZZPS handle the (joke) appeals and this one should be a laugh.  No paying!

Thanks both.
I read both bespoke appeals and the Schedule 4 wording and to me it looks like my PCN was delivered within the relevant period and therefore it makes no sense to include that bit in my appeal or I missed something?

The only addition to the "One fits all" appeal template is this:
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"

Will that do?

Gr1pr

There is more to POFA compliance than timescales, many NTK PCN letters arrive before day 15 but have deficient details and wordings , that is why you adapt one to suit your own case, nobody mentioned using them verbatim 

Ulrich

Gr1pr said:

There is more to POFA compliance than timescales, many NTK PCN letters arrive before day 15 but have deficient details and wordings 

For sure, I just wanted to clarify what from the bespoke appeals you referred to is relevant in my case - looks like it's the period of parking bit (or lack of it).

Coupon-mad

I agree. Go ahead!

ZZPS will reject it but there are two Appeal cases that confirm that a NTK must have a 'period of parking':

PPS v Shoebridge

PPS v Brennan

You don't need them yet but the transcripts are available for POPLA stage later.  I gave you the case names so you don't forget.

Ulrich

Just submitted my appeal.
They have a sneaky "I was a driver: Yes/no" in the form - selected "No".
Will keep the community posted.

Ulrich

Coupon-mad said:

I agree. Go ahead!

Just got an email from paymyparkingcharge.com (NOT Azure Parking or ZZPS!):

Thank you for your email which we recognise as an internet template.
Please be advised, all correspondence was sent in the correct timeframe to the address where your vehicle is registered to, provided by the DVLA, whilst we cannot dispute what you have or have not received, all correspondence is deemed served.
Please note, due to the driver not being identified within 28 days of the initial notification, as the Parking Charge complies with the Protection of Freedoms Act (PoFA) 2012, the registered keeper now remains liable for this.
Your vehicle had parked on site when the signage states no parking.
Images are available to view at www.paymyparkingcharge.com
Please note, your email is not being treated as an appeal, due to this being submitted outside of the appeals timeframe.
Please note, in the absence of payment this matter will be left to progress.

So basically they insist their letter complies with PoFA, do not provide me with any additional details and dismiss my appeal as being submitted outside of the appeals timeframe despite it being sent in 12 days from the date on their letter.

What's my next step?

Coupon-mad

Complain about this:

"Please note, your email is not being treated as an appeal, due to this being submitted outside of the appeals timeframe."