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  • FIRST POST
    • peazy
    • By peazy 12th Apr 18, 3:52 PM
    • 11Posts
    • 3Thanks
    peazy
    parking eye london
    • #1
    • 12th Apr 18, 3:52 PM
    parking eye london 12th Apr 18 at 3:52 PM
    Hi
    I have read the newbie page, however I need some further advice please.
    I have received multiple parking charges and after reading advice from a another forum prior to finding this one I may have made a mistake.
    I have appealed my first ticket.
    This was sent by email yesterday.
    However, now I realise that most of the tickets issued where 14 days after the event.
    My car was snapped by anpr no windscreen ticket.
    Regarding the remaining charges should I appeal them differently ie use the 14 day rule or have I lost that chance now because of my first appeal being of a different nature ?
    I would rather use the 14 day rule if still possible.
    I will of course appeal the others individually.
    Hope that makes sense.
    Thanks in advance
    Last edited by peazy; 12-04-2018 at 5:48 PM.
Page 2
    • Umkomaas
    • By Umkomaas 12th Apr 18, 6:09 PM
    • 18,909 Posts
    • 29,777 Thanks
    Umkomaas
    You need to deal with each NtK as a separate entity with a separate appeal (cross-referenced with the unique PCN number) for each one. You might need to set up a spreadsheet to project manage each one through. Start with the earliest NtK and work from there. One at a time, via their online portal, don't go cramming the lot in one envelope and launching into a postbox.

    Use the standard initial appeal template from the NEWBIES FAQ sticky, post #1. Do not attempt to alter it yourself in your own words, but for those NtKs without the PoFA warning, you could add the following, which could see PE cancel the respective charges as you've rumbled their deficiencies.
    As your Notice to Keeper has been given outside of the 'relevant period' prescribed in Schedule 4, paragraph 9 (5) of the Protection of Freedoms Act 2012, you are in no legal position to hold the keeper of the vehicle liable for this charge. As I will not be providing you with the driver's name and address for service (as is my right), I suggest you cancel this charge with immediate effect.

    Should you continue to pursue me, despite the above warning, I will immediately raise complaints about your conduct with both the British Parking Association and the DVLA.
    IMPORTANT - Just one critical question given the most unusual number of 'late' NtK's issued by PE - is the vehicle a hire/lease/courtesy/company vehicle?
    Last edited by Umkomaas; 12-04-2018 at 6:14 PM.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Redx
    • By Redx 12th Apr 18, 6:10 PM
    • 18,847 Posts
    • 23,843 Thanks
    Redx
    whatever is going on with the driver and this car park, it needs to stop, otherwise the PCN,s will carry on and a court case is more likely for multiple transgressions

    tell the driver to stop doing whatever causes these charges and to comply with the on-site rules listed on the signags, or alternatively , stop driving onto that car park altogether

    ie:- avoid that car park, same as a lot of the regulars here do with these private parking co sc@mmers
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Guys Dad
    • By Guys Dad 12th Apr 18, 6:20 PM
    • 10,509 Posts
    • 9,833 Thanks
    Guys Dad
    Right, stop bringing in red herrings.

    You have a single point appeal for each charge and make sure you appeal for each one separately.

    The paragraph younee can be found here http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted Do not worry about the legal language,

    See the following

    9 (3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).
    (4)The notice must be given by!!!8212;
    (a)handing 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.
    (6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so !!!8220;given!!!8221; for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose !!!8220;working day!!!8221; means any day other than a Saturday, Sunday or a public holiday in England and Wales.


    Be clear - this only removes the Keeper Liability but does not absolve the driver, so your appeal is as follows, obviously addin the relevant ticket numbers and dates.

    Your appeal is

    Dear Sir/Madam,

    Re PCN number:

    I am the keeper of the vehicle which received this purported 'parking charge'. There will be no admissions as to who was driving and no assumptions can be drawn. I am not liable as Registered Keeper as your speculative invoice/NtK dated dd/mm/yyyy referring to an alleged contravention on dd/mm/yy was not served within the timescale laid down by the Protection of Freedoms Act 2012, section 4, sub section 9.

    Under these circumstances, please cancel the charge or supply me with a POPLA code in order that I may make my appeal to them.
    • peazy
    • By peazy 12th Apr 18, 6:47 PM
    • 11 Posts
    • 3 Thanks
    peazy
    That's perfect guys
    The driver of the car has not used any of these the retailers since the fines came through and will never again on principle.
    The car is not a hire car or lease car
    • Coupon-mad
    • By Coupon-mad 15th Apr 18, 12:42 AM
    • 60,110 Posts
    • 73,243 Thanks
    Coupon-mad
    Make sure the registered keeper appeals each and every one, be careful and don't miss one. If I were you I would not put the dates in (too fiddly and prone to error) just submit the same appeal for each (Guy's Dad's version, minus the dates).

    Get a screenshot of every appeal submission. Make sure you have them all done this weekend.

    Choose 'registered keeper' only.

    DO NOT respond if PE write begging to know who was driving.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • KeithP
    • By KeithP 15th Apr 18, 1:40 AM
    • 8,669 Posts
    • 8,584 Thanks
    KeithP
    I'd just make a very slight correction to Guys Dad's appeal text...

    When mentioning The Protection of Freedoms Act 2012, it should be:
    the Protection of Freedoms Act 2012, schedule 4, paragraph 9.
    There is a 'Section 4' in POFA, which has nothing to do with parking.
    .
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