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billythefish1
Dear Members,

My wife received through the post a PCN for allegedly not paying for parking at a hospital showing photos entering at 10:07 and leaving at 10:28. The PCN is not to Registered Keeper but it does state in the small print it is the drivers responsibility to pay the fine. Nothing about Keepers' liability. I've read a few of the posts about CEL and it seems they do take you to court and use cowboy debt collectors and solicitors.

What are the grounds for appeal other than signage and the fact the letter arrived after the 14 days it is supposed to from the offence.

Also the pictures of the car do not have date/time stamp - does that help?

I'm guessing she should be using this template letter - anything else to add?

Yet again I welcome your valued input.

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

This PCN fails in multiple ways to comply with the requirements of the Protection of Freedoms Act 2012. By sending me, the registered keeper, a demand, you have failed to comply in multiple places. You failed even to provide any evidence of parking. However, a fatal failure is your lack of compliance with delivery.

I draw your attention to the paragraphs of Schedule 4:

Right to claim unpaid parking charges from keeper of vehicle
4 (1) The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.
(2) The right under this paragraph applies only if—
(a) the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met

6 (1) The second condition is that the creditor (or a person acting for or on behalf of the creditor)—
(b) has given a notice to keeper in accordance with paragraph 9.

9 (1) A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(4) The notice must be given by—
(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.

Your letter was dated 15th May 2017 and allowing two working days for post would mean that it was received by the my as the keeper of the vehicle on the 17th May 2017. Some 18 days after the specified period of parking ended. This is a fatal flaw in Law, of which you are now aware. I require that your PCN is cancelled. I require written confirmation that you have cancelled this PCN.

Any further action on my part to confirm that the claim has been cancelled, or to demonstrate your non-compliant activities, including to POPLA, and/or Court defence, and/or time spent taking you to Small Claims Court, will make you liable for my time at my Contract rate of £100/hour.



Yours faithfully,

nosferatu1001
If they dont invoke POFA, then you dont really need to talk too much about it. the template is fine to send, however.

They should send a code.
SchoolRunMum
I think CEL will fold, first time, as they always seem to when confronted with an appeal like that.
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