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Highview Parking fine - Edmonton Green, Parking fine issued to due overstaying
FairSoul
post Wed, 17 Nov 2021 - 17:46
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Hello all,

I'm new to this forum. I wonder if anyone can advice me on the following.

We parking in the Edmonton Green car park and overstayed by 16 minutes. Will I have reasonable grounds to appeal based the following reasons;

- Walking over from the shops with two small kids and identifying the location of the car.
- Seating and belting the children safely in the car.
- Loading the shopping to the car.
- navigating out of the car parking area whilst dealing with an internal zebra crossing and other road users.

Any help will be greatly appreciated.

Thanks

-
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post Wed, 17 Nov 2021 - 17:46
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Jlc
post Wed, 17 Nov 2021 - 17:49
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Your ‘reasonable grounds' will be rejected without a second thought from them.

Does the rear of the PCN have anything more on it as the front has failed to establish keeper liability. If so, there's a simple appeal that will see them off.


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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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FairSoul
post Wed, 17 Nov 2021 - 18:01
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Thanks JLC for the quick response.

Please see attached. This is the second page.
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Jlc
post Wed, 17 Nov 2021 - 18:12
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Appeal as the KEEPER:

Dear Sirs,

I have just received your Parking Charge 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 the invitation to keeper in the format 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


--------------------
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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FairSoul
post Wed, 17 Nov 2021 - 18:44
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Wow! Being perfectly honest with you, I don't understand the full nature of the response, but I'll go ahead with your advice.
Thanks
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The Rookie
post Wed, 17 Nov 2021 - 20:53
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QUOTE (FairSoul @ Wed, 17 Nov 2021 - 18:44) *
Wow! Being perfectly honest with you, I don't understand the full nature of the response, but I'll go ahead with your advice.
Thanks

Private parking is under contract law, only the driver of the car can enter a contract to pay for parking. Under certain circumstances the keeper can be held liable, but the parking company has to meet strict requirements to do this and they have failed. As such the keeper (who is the only person they know the identity of) isn’t liable, only the driver (who they have no idea of the identity of unless you tell them). You can’t sue someone if you don’t know who they are.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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FairSoul
post Wed, 17 Nov 2021 - 21:03
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Yes, thanks Rookie. I get it now.

I appreciate the help from you guys. Will post an update in due course
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ostell
post Thu, 18 Nov 2021 - 18:09
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I would tend to use as it is obviously missing is:


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

First class post with free certificate of posting from a post office

When they reject addeverything else into the POPLA appeal


This post has been edited by ostell: Thu, 18 Nov 2021 - 18:11
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FairSoul
post Fri, 19 Nov 2021 - 00:40
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Thanks Ostell. Based on what you said below, is there a strong likelihood the appeal gets rejected? What else is to be added should it go to the Popla appeal?
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nosferatu1001
post Fri, 19 Nov 2021 - 08:49
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You were to,d WHEN they reject
Why bother putting more effort in? Waste of time
As for what else - signage, landowner contract, pofa fails in detail. Same as every popla appeal, which you will look at RECENT EXAMPLES OF and not expect us to write for you smile.gif
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FairSoul
post Fri, 19 Nov 2021 - 11:27
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Wonderful. Thanks for your help.
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FairSoul
post Sun, 28 Nov 2021 - 22:33
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Hello all,

I sent my appeal off about a week ago. Just out of interest, I logged on to the pcn payments site (nexus platform). When I entered the Pcn code for appeals, It says the PCN has been cancelled. When selecting pay PCN, the amount appears as £0. I take it this means they've dropped the PCN? I'm not sure if they'll send me a notification letter via post
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DWMB2
post Sun, 28 Nov 2021 - 23:25
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Certainly seems that way. If so, good result!

Keep an eye out for anything further through the post, but they might not bother to pay the cost of a stamp to tell you they've cancelled the charge.


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ostell
post Mon, 29 Nov 2021 - 08:40
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Take a copy of that web page saying that it has been cancelled.
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FairSoul
post Mon, 29 Nov 2021 - 16:50
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Attached Image
[attachment=78510:Screensh...2026__1_.
png]

I've taken a screen shot.
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