Appeal template sense check

run_a_lot

Hello lovely forum folks,

I am about to appeal a PCN and have read the newbies section and some templates which seem relevant to my case, but wanted to sense check with the experts and provide some additional information which may also be worth including:

Details:
Charge was incurred on 17th November.

date of issue of ticket was 25th January.

This is a lease vehicle and so I appreciate they need to contact lease company for details of keeper, but this seems rather delayed...

The second detail is regarding signage:
I have been parking here for 12 years and chargeable hours have always been Mon-Fri, 9-5.
I noticed the parking had been taken over by First Parking and ANPR installed, but it wasn't clear that the chargeable hours had changed.
The signage whilst I see now has been updated, are still the same signs in the same locations as before and I don't believe it was clear that the hours had changed.

I planned to use the template below which highlights signage, but is there anything related to the delay in issuing the fine that I should consider?

Many thanks in advance!

Dear Sir/Madam
Re: PCN No.
I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to myself at the address listed below:

My street
My Town
My Postcode
I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), Civil Enforcement has no reason to contact 'lease co' again regarding this PCN

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge.

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,
My name

Le_Kirk

Have you received a NTH in your own name?

Umkomaas

the registered keeper is not the "keeper" (as defined under POFA), Civil Enforcement has no reason to contact 'lease co' again regarding this PCN

..... nor has First Parking!  Please check carefully any C&P before sending off. 

run_a_lot

Thanks Umkomaas - yes I haven't changed from the template yet. I'll be sure to check thoroughly.

@Le_Kirk Yes I have received an NTH in my name.
Does that change anything?

Le_Kirk

run_a_lot said:

Thanks Umkomaas - yes I haven't changed from the template yet. I'll be sure to check thoroughly.

@Le_Kirk Yes I have received an NTH in my name.
Does that change anything?

No, it just means you can carry on as you are.  Some posters have been responding to photocopies of NTKs sent by lease/hire companies that fail to transfer liability correctly.

run_a_lot

Thanks! 

Any advice on whether to include anything on the fact it took over two months to send the PCN? 
Or is that not relevant here? 

Gr1pr

I doubt that the Claimant complied with POFA,  so timescales is only one of several points of failure