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CPP parking charge notice, parking on double yellow line when lines are not visible
boxer29
post Tue, 21 May 2019 - 21:48
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Got the above PCN from a private car parking partnership company while the car was parked on double yellow lines while visiting Huddersfield royal infirmary.

https://ibb.co/kD447F6







the lines are not double yellow and are broken as you can see from the picture.
i dont remember seeing a sign about restricted parking at the entrance of the cul-de-sac where the car was park.
The picture quality is not good for the plates and it seems they have written on top of the car plates to make it clear.
As the reg keeper of the car the company wants 30 pounds from me within days from date issued 21.05.2019.
the letter is dated 07.05.2019 7 may plus 14 is 21st of May is that hos they made the date to pay 21.05.2019.
it also states on the letter that payment should be made within 28 days of this notice 04.06.2019 ,this seems like 28 days from 7th May when the letter was issued. Are there any loop holes in this letter.

The time stamp on the picture does not match with the time stamp on the letter just above the picture they are a minute out.
what you guys say about the above letter, how to challenge or leave it and see what they come with .
i have pointed some of the mistakes in the letter which is sent out to me on 7.05.2019. you guys might be able to point more flaws in the letter
thanks

This post has been edited by boxer29: Tue, 21 May 2019 - 21:59
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post Tue, 21 May 2019 - 21:48
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bobthesod
post Tue, 21 May 2019 - 23:22
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First of all delete all references where the drive can be identified and replace all such instances with the generic ''the driver parked here , ...the driver saw that etc

There is a minor discrepancy in that they should, as laid down on POFA 2012, 'invite ' the RK name who was driving. They have not done this and used the word 'should' This alone makes the letter fail at POPLA

There is a standard reply to this that ostell has written in several other cases which normally makes them cancel the request for payment

copy it out word for word and send it off DO NOT change one iota of it

Look at th posts 12 and 13 in Stigs case and check on POFA the sub section that requires them to 'invite'


Delete all the other sub sections and just refer to that part. ( there may well be other ones you can use. just wait for one of the more learned to have a look at what they have written. These firms are not the brightest of the population

This post has been edited by bobthesod: Tue, 21 May 2019 - 23:23
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boxer29
post Tue, 21 May 2019 - 23:56
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thanks for your reply,
can you please point me towards the correct ostell letter, i only found this one

That so does not comply with POFA to be able to hold the keeper liable !!!

Send this:


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 invitation prescribed by 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


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ostell
post Wed, 22 May 2019 - 08:00
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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 the invitation to keeper as 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



That, and the other fails, should help in POPLA. First class post with free certificate of posting.

What do the signs say, do they metion yellow lines?

This post has been edited by ostell: Wed, 22 May 2019 - 08:01
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boxer29
post Wed, 22 May 2019 - 18:16
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QUOTE (ostell @ Wed, 22 May 2019 - 09:00) *
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 the invitation to keeper as 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



That, and the other fails, should help in POPLA. First class post with free certificate of posting.

What do the signs say, do they metion yellow lines?

thanks for your reply
no mention of yellow lines on the signs.

This post has been edited by boxer29: Wed, 22 May 2019 - 18:18
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ostell
post Wed, 22 May 2019 - 20:30
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So if there is no mention of yellow lines on the sign then there can be no breach of the terms. Save that till later, if required

This post has been edited by ostell: Wed, 22 May 2019 - 20:30
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boxer29
post Thu, 23 May 2019 - 09:09
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QUOTE (ostell @ Wed, 22 May 2019 - 21:30) *
So if there is no mention of yellow lines on the sign then there can be no breach of the terms. Save that till later, if required


Thanks Ostell,

I have drafted the letter as above and have appealed with the attached letter via their on line portal at carparkingpartnership.co.uk

Lets see what they come up with .

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boxer29
post Thu, 30 May 2019 - 18:53
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got the rely back from CPP today which i am attaching here today .Ostell can you please have a look at this and thanks once again for your help .

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ostell
post Thu, 30 May 2019 - 21:54
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They have realised that they are dead in the water as far as POFA is concerned and want you to give them the drivers details so that the can claim against the driver. There is nothing in POFA that says that the keeper should give them the identity of the driver.

They only have the right to recover from the keeper IF they comply with POFA, and they have not.

You do nothing, sit on your hands and see what comes next.
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boxer29
post Thu, 30 May 2019 - 23:40
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QUOTE (ostell @ Thu, 30 May 2019 - 22:54) *
They have realised that they are dead in the water as far as POFA is concerned and want you to give them the drivers details so that the can claim against the driver. There is nothing in POFA that says that the keeper should give them the identity of the driver.

They only have the right to recover from the keeper IF they comply with POFA, and they have not.

You do nothing, sit on your hands and see what comes next.

Thanks Ostell for your help,
that is what i wanted to confirm, and as stated i will wait.
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