F1RST Parking PCN - template sent, next steps...

Pysgodynwibliwobli

Grateful to this forum for having successfully appealed tickets in the past using the template provided in the Newbies thread.

I have received one recently from F1RST Parking for an overstay of 28mins at a Natural Resources Wales (NRW) beach car park. The ANPR machines are located over a mile from the beach and there are often delays entering and leaving the car park.

I have sent an appeal to NRW (yet to hear back) and the PCN first appeal template from the newbies thread. Last time I had success with that alone. This time I have received the following in repsonse from F1RST Parking…

I'm wondering how to respond to this?

Please feel free to shout at me for not reading something and point me in the right direction 😆😚

Gr1pr

Definitely do not reveal who was driving

Is it a company vehicle ? Or is it hired or leased ?

Meaning, why does it mention the company secretary. ?

Do not respond to them

Pysgodynwibliwobli

https://forums.moneysavingexpert.com/discussion/comment/82037092#Comment_82037092

Sorry for the slow response.

Yes it’s a company vehicle, PCN was address to Secretary (not that it makes a difference but we’re a small 2 person Limited company not a big corp with a huge fleet)

cooldude255220

@Pysgodynwibliwobli

Please can you post a suitably redacted copy of both sides of the original PCN (get rid of the VRM/personal details, but leave the parking date and date of notice in tact).

Coupon-mad

Does your company's name appear on the V5C? i.e. they own (not lease) the vehicle?

Pysgodynwibliwobli

@Coupon-mad Sorry drowning in work and family… Yes I believe so. Don't have access to it at the moment.

@cooldude255220 Original PCN incoming…

Pysgodynwibliwobli

@cooldude255220

Pysgodynwibliwobli

Not that I think any of this matters but in case context helps - This states 58 mins, there is a 30min FREE drop off allowance. As stated originally, the ANPR machines are located over a mile from the beach and there are often delays entering and leaving the car park which there was on this occasion with huge tail backs with holiday makers. I am a local who was picking someone up but with a delay in locating them and then delays entering and leaving the car park I went over the allocated free time.

Still yet to hear back from NRW regarding getting F1RST to cancel PCN.

cooldude255220

Thanks, it appears to be almost POFA-compliant but I would argue it's defective in two respects, and so I would consider appealing on that basis to POPLA when the time comes.

A creditor only has the right to recover unpaid parking charges from the keeper of the vehicle under paragraph 4(1) of Schedule 4 where the criteria in paragraph 4(2) of Schedule 4 are met.

Paragraph 4(2)(a) requires that the conditions in paragraphs 5, 6, 11 and 12 (so far as applicable) are met.

Paragraph 6(1)(b) requires that a Notice to Keeper is given accordance with paragraph 9.

Paragraph 9(2)(b) of Schedule 4 requires that the notice must: inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full.

The Notice does not inform the keeper that the parking charges have not been paid in full. This is fatal to the right to recover from the keeper.

Paragraph 9(2)(e) of Schedule 4 requires that the notice must: 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; or (ii) if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver

The Notice does not invite the keeper to pay the unpaid parking charges or to notify the creditor of the name and current address for service of the driver. This is fatal to the right to recover from the keeper.

SpinninginInfinity

I maybe be wrong, but a failing on

POFA Paragraph 9(2)(f) of Schedule 4 also?

warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

There is a miswording here.

You are advised that if, after 29 days from the date given (which is presumed to be the second working data after the date issued)

Coupon-mad

Not worth adding as it amounts to the same thing. No point confusing POPLA.