Azure Parking - Northampton appeal rejected

Syon33

Experts - i got a parking charge notice last month for parking at a car park in Northampton on 27/1 9:21pm. The car park allows for two hours parking but there isn’t any way to pay for more time. Searching this forum it I’m not the only one so I used the guidance to draft the response below. Unsurprisingly it’s been rejected and they have given a POPLA code so I wanted guidance on what reasons I should use in a reply.

I can’t find the original letter.

(Images removed by Forum Team)

Coupon-mad

Your first link shows your name & data so delete it! Here it is redacted:

The reply from ZZPS has added £1.95 on top of £100 which means the payment demanded exceeds the maximum £100 cap in the Joint Code of Practice:

That £1.95 would have also been on the back of the NTK so it also exceeds the 'maximum sum' allowed under POFA Schedule 4 which is the sum of the parking charge on signage. No more.

And this rejection letter COMPLETELY misleads the recipient about the Beavis case. Just look at what they say about the Supreme Court judgment (in the same short paragraph) that they say means that "it is clear that your parking charge is wholly valid and fully enforceable through the courts".

Talk about using the Beavis case out of context! Absolute misleading tripe, ZZPS are stinking the place out. 🦨

Jame4ters

If this industry was properly regulated the likes of ZZPS would no longer exist.

Syon33

sorry I thought I had removed all the names /addresses.

so in the POPLA appeal reference schedule 4 and I will scan the sticky posts for any other guidance.

Coupon-mad

And spend part of the weekend finding the missing NTK! It's important to check the wording.

Syon33

found the front page, took a picture. Didn’t however taker a picture of the back side. I also logged into pay my parking. The overstay is 11 minutes.

Forgive the silly question, on the POPLA website should I use the “other” option rather than the 4 standard options (1. my vehicle was stolen, 2. I was not improperly parked…)

IMG_0067.png

Coupon-mad

Ah, so you haven't found the paper NTK so we can't tell if it's POFA worded or not.

Syon33

Draft of my appeal is below, welcome your feedback.
————————————————————————-
I am writing to formally challenge the parking charge notice (PCNXXX) referenced above, which was issued to my vehicle (MY VRN) by Azure Parking.

1. The PCN is not compliant with the Protection of Freedoms Act 2012 (POFA)

Under schedule 4 of the POFA, an operator can only establish the right to recover any unpaid parking charges from the keeper of a vehicle if the conditions stated in paragraphs 5, 6, 11 & 12 are met. In particular, these require that the keeper must be served with a compliant PCN in accordance with paragraphs 9(2), (4) and (5), these state -

• (2) The notice must- 
  • (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; 
  • (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper- 
    • (i) to pay the unpaid parking charges
      
• (4).The notice must be given by - 
  • (a) banding it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or 
  • (b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period. 
    
• (5).The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended. 

2. The PCN doesn’t state the period of parking

The PCN does not specify the period of parking as required by 9(2)(a) of POFA, which is essential for 9(4) and 9(5). Lack of the "period of parking" makes the PCN non-complaint with POFA as decided by His Honour Judge Mitchell in Brennan v Premier Parking Selutions case. 

3. Identification of the driver

The PCN also does not state that the creditor does not know both the name of the driver and a current address for service for the driver as required by 9(2)(e) of POFA. Nor does it invite the keeper to pay the parking charge as per 9(2)(e) (i).
The PCN therefore fails to comply with the POFA and  xxx as registered keeper, cannot be pursued for recovery of the charge. 

4. Insufficient Evidence Provided in the Notice to Keeper 

The NtK were lacking essential evidence that would allow the keeper to make an informed decision regarding the alleged contravention. The following critical details were missing:

• Arrival Times: The NtK did not provide any information regarding the exact arrival time of the vehicle. Without these details, it is impossible to assess whether the vehicle was parked for an appropriate duration and whether any applicable grace period was observed.
• Grace Period: There was no mention of whether a grace period was allowed before or after the alleged contravention, which is important to determine if the charge is valid. According to the British Parking Association (BPA) Code of Practice, a minimum grace period of 10 minutes is required, and no evidence was provided to demonstrate compliance with this requirement.
• Photographs of the Vehicle: The NtK did not include any photographs of the vehicle at the alleged time of the contravention. The absence of photographic evidence makes it difficult to verify the validity of the charge and the exact nature of the alleged contravention.

For the reasons outlined above, the operator has failed to provide sufficient evidence to justify the parking charge or to allow the keeper to properly assess the case. As such, I request that the charge be cancelled on these grounds.

Thank you for your time and consideration. I look forward to your prompt response.

Coupon-mad

Have I missed seeing the NTK? How do you know all that if we haven't seen the NTK wording front & back, and why are you relying on one point alone?

1505grandad

Is that an actual persons name in para 3? - if so please redact as stated in the yellow "Important" box at the top of the forum.

Syon33

https://forums.moneysavingexpert.com/discussion/comment/81934798#Comment_81934798

The image I posted previously (yesterday at 10:31pm is what I received in the post. Curiously it doesn’t say ”notice to keeper”.