Private land PCN but venue is closed

rak8180

Website was a bunch of rubbish, it would not let me submit initially and I had to reset and do it again. Did not receive an email confirming the appeal though so I have emailed them my appeal as well which they have acknowledged. Will update when they respond. Thanks for your help.

rak8180

Good news just received an email confirming it has been cancelled. Thanks for your help really appreciate it.

 

Coupon-mad

rak8180 said:

Ok so I am sending this off 

Dear Sir,

Parking Charge Notice [0123456789]: Vehicle Registration [AA11ABC]

I refer to the above-detailed Parking Charge Notice (“PCN”) issued to me by Parking Enforcement and Security Services 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 your 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 Parking Enforcement and Security Services 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,

Great to know the above saw off PCS/PESS.