Highview Parking fine - Edmonton Green, Parking fine issued to due overstaying |
Highview Parking fine - Edmonton Green, Parking fine issued to due overstaying |
Wed, 17 Nov 2021 - 17:46
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#1
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Member Group: Members Posts: 11 Joined: 17 Nov 2021 Member No.: 114,763 |
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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Wed, 17 Nov 2021 - 17:46
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Wed, 17 Nov 2021 - 17:49
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#2
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
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. -------------------- 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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Wed, 17 Nov 2021 - 18:01
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#3
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Member Group: Members Posts: 11 Joined: 17 Nov 2021 Member No.: 114,763 |
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Wed, 17 Nov 2021 - 18:12
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#4
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
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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Wed, 17 Nov 2021 - 18:44
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#5
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Member Group: Members Posts: 11 Joined: 17 Nov 2021 Member No.: 114,763 |
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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Wed, 17 Nov 2021 - 20:53
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#6
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
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. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Wed, 17 Nov 2021 - 21:03
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#7
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Member Group: Members Posts: 11 Joined: 17 Nov 2021 Member No.: 114,763 |
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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Thu, 18 Nov 2021 - 18:09
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#8
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
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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Fri, 19 Nov 2021 - 00:40
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#9
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Member Group: Members Posts: 11 Joined: 17 Nov 2021 Member No.: 114,763 |
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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Fri, 19 Nov 2021 - 08:49
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#10
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
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 |
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Fri, 19 Nov 2021 - 11:27
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#11
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Member Group: Members Posts: 11 Joined: 17 Nov 2021 Member No.: 114,763 |
Wonderful. Thanks for your help.
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Sun, 28 Nov 2021 - 22:33
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#12
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Member Group: Members Posts: 11 Joined: 17 Nov 2021 Member No.: 114,763 |
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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Sun, 28 Nov 2021 - 23:25
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#13
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Member Group: Members Posts: 4,363 Joined: 9 Apr 2021 Member No.: 112,205 |
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. -------------------- Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | British Parking Association (BPA) Code of Practice | International Parking Community (IPC) Code of Practice |
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Mon, 29 Nov 2021 - 08:40
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#14
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Take a copy of that web page saying that it has been cancelled.
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Mon, 29 Nov 2021 - 16:50
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#15
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Member Group: Members Posts: 11 Joined: 17 Nov 2021 Member No.: 114,763 |
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Lo-Fi Version | Time is now: Friday, 29th March 2024 - 01:13 |