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PCN Issued,Horizon Parking,Asda Superstore Car Park
Motorist0
post Sat, 21 Sep 2019 - 12:24
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Good afternoon

A PCN was issued by Horizon Parking for parking in Asda superstore's car park.

The driver had a meeting with a friend in the cafe of the store.

As per driver's understanding and according to the signage first 60 minutes are free apparently and then its payable for another 2 hours.

Before leaving the car park ,the driver paid the parking with cash for the additional time at paying machine but still received the PCN.

I would really appreciate if you knowledgeable people share the best suitable appeal format(specific wording) and advice please.

I am sharing the pictures of signage and PCN(redated)for your viewing.

Many thanks
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post Sat, 21 Sep 2019 - 12:24
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Jlc
post Sat, 21 Sep 2019 - 15:15
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The KEEPER appeals:

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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ostell
post Sat, 21 Sep 2019 - 15:58
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The invitation to the keeper, 9.2.e, is also not there

This post has been edited by ostell: Sat, 21 Sep 2019 - 15:59
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Motorist0
post Sat, 21 Sep 2019 - 17:22
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QUOTE (Jlc @ Sat, 21 Sep 2019 - 16:15) *
The KEEPER appeals:

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc



QUOTE (ostell @ Sat, 21 Sep 2019 - 16:58) *
The invitation to the keeper, 9.2.e, is also not there


Many thanks for the help.

As Ostell suggested ' The invitation to the keeper, 9.2.e, is also not there'

so where I can find this complete Schedule 4 of The Protection Of Freedoms Act 2012 to add this particular line as well if required.
I was trying to look for it on forums but no success .

Many thanks
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ostell
post Sat, 21 Sep 2019 - 18:52
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http://www.legislation.gov.uk/ukpga/2012/9...edule/4/enacted
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Motorist0
post Sat, 21 Sep 2019 - 20:35
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QUOTE (ostell @ Sat, 21 Sep 2019 - 19:52) *

Thank you so much for your help, I will adjust the appeal draft and will show you for any changes .
Regards
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Jlc
post Sat, 21 Sep 2019 - 20:42
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No need to embellish it but I'll keep an open mind...


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Motorist0
post Sun, 22 Sep 2019 - 01:15
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QUOTE (ostell @ Sat, 21 Sep 2019 - 16:58) *
The invitation to the keeper, 9.2.e, is also not there



QUOTE (Jlc @ Sat, 21 Sep 2019 - 21:42) *
No need to embellish it but I'll keep an open mind...


This is how the final draft would look like before sending it off
"Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act.

You have also failed to give the required invitation to keeper in the form prescribed by section 9 (2) (e) of the Act.



You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc"

Thanks
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ostell
post Sun, 22 Sep 2019 - 08:41
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That should do it
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Jlc
post Sun, 22 Sep 2019 - 08:55
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icon_thumleft.gif


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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