The driver received a Parking Charge Notice, for parking in a leisure centre car park that has an arrangement with his school to let 6th formers park. He changed cars and forgot to notify his school, consequently he received a PCN as he stayed for longer than 3 hours as he was taking his last A level exam. Should I go ahead and pay, appeal or ignore?

Your advice please.

Which company?

Civil Enforcement

Do not ignore.

How long after the event did the PCN arrive?

PCN Issue date: 27/06
Incident Date: 07/06

It arrived around two weeks ago.

Easy! DO NOT reveal to CEL or on here who was driving. EDIT your original post and refer only to 'the driver.'

The RK appeals to CEL in the first instance. This will be rejected and a POPLA code provided. Appeal to POPLA with the usual points and you should get it cancelled.

You're very lucky. I have done all the work for you in my trouncing of them last year:

http://forums.pepipoo.com/index.php?showtopic=107513

Thanks Cabbyman (though I can't pretend to understand too much of your thread!)

So when I appeal to POPLA can I rely on your help? I haven't got a clue going forward I just think it's a bit much that he forgot to register his car and as a result has a 'fine'

Have a read. Also, compare the requirements of the Protection of Freedoms Act 2012 sched 4. Compare their PCN with the requirements in that. Also, Jlc asked you about the dates for a reason. See if you can identify why in the act. I'll give you a clue: Para 9 is of interest to you.

http://www.legislation.gov.uk/ukpga/2012/9...edule/4/enacted

Compile the RK's first appeal to CEL and post it here for tweaking before you send it.

I have just read paragraph 9 at least three times. I am not a stupid person, but I am struggling with this.

What does para 9 say about the timescale for serving the notice on the keeper?

My appeal:

Dear Sir or Madam,

I am writing to appeal against the PCN issued on my vehicle on 7th June 2017, registration AK***** and your PCN no: *********

The school have an arrangement with Mote Park Leisure Centre for 6th form pupils to park their cars there during school hours, as was the case in this instance. Their school day far exceeds the three hours free parking allowed by the leisure centre and is not subject to your terms and conditions outlined on the signage.

I look forward to your swift reply,

Yours …




(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. ?

So, the PCN did not comply with Para 9 as far as service is concerned. It also states what MUST appear on the PCN. Go through and tick off each item that complies. Be very strict.

Your appeal:

Line one is good.

Then continue:

As the PCN does not comply with the requirements of PoFA, including, but not limited to, the very late service outside the period specified in para 9, you are unable to hold me liable as keeper and you should contact the driver or cancel the PCN.

Should you not comply with this requirement, please provide me with a useable POPLA code in order that I may arrange for you to be instructed to cancel.

love and kisses.

I note that you said it arrived about 2 weeks ago. It is imperative that you stick to the deadlines that they impose otherwise they can use that as an excuse to deny you access to POPLA.


EDIT your post #11. You are back to nearly identifying the driver again!!!

Hi,

Thanks for your input this far. I have just realised however that only the keeper can park for free at the car park and so that means I would have to identify him as the driver as other drivers would not be eligible for free parking.

On that basis, is there any point in appealing?

Thanks,
John

If you don't squash this now you will receive a court claim for over £300.

Don't be daft - you are seriously overthinking this. Appeal as registered keeper and use what's been suggested. Do not say who was driving or anything about free parking. If you prefer, just use the BPA template in the NEWBIES thread at the top of the MSE parking forum.

CEL will cancel, they don't like forum appeals from a keeper not saying who was driving and pointing out they must have complied with the POFA or give up.

Really? it's as simple as that? Not been in this situation before and I have to say my natural reaction is just to pay the 'fine'




Alternatively I could pay the 'fine'

Yes that'll work too. But with an easy win it seems pointless.

Thanks for your help everyone, I have appealed and will let you know what happens.

And edit your very first post PROPERLY as deductions could be made as to the driver's identity.

What cabbyman is getting at is they failed to comply with PoFA 2012 Sch. 4 Para. 9(5). Look at it and absorb! I appreciate it can all be a bit of a mind bender to begin with.

Also, look at Para. 9(2)a-i and compare each point in there to the PCN and the information contained in the PCN. Does it fail on any of points a-i?

EDIT: I have read back through and cabbyman has already spelt it out so apart from my first sentence you can pretty much ignore the rest.

So what was your appeal? It usually helps if appeals are put on here first for critique before sending.

I used the BPA template in the NEWBIES thread at the top of the MSE parking forum as per SchoolRunMum's suggestion.

I've just received a letter to say that the charge has been cancelled. Thanks to everyone for your advice and patience!

And you were going to ignore/pay...

Rather annoyingly, the keeper has received another PCN under identical circumstances for a few days after (8th June). Will the template work a second time?

If the same circumstances then no reason why not...

That's the answer I was hoping for - thanks once again!