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clucas
Hi My Wife received a CPNC for overstaying by 20 minutes on a free 3 hours shopping centre car park. this happened on sunday 9th june.I had found a template letter( off another site) to send off to respond to the £100 charge. Upon further reading it seems there is a time limit for the letter to be received .She did not get the CPCN until monday24th the CPCN is dated the 20th June. Could somebody please tell me if this is correct and if so do I need to send my original letter that is ready for posting.
Thanks
This is the first time I have posted on any site
kommando
Was there ever a ticket on the car, if not then the car was identified using APNR (auto numberplate recognition) and the CPCN (what the hell does that stand for wink.gif ) should have arrived within 14 days. Sounds like it did not come in time. Best if you post up the CPCN with all indentification removed including barcodes so it can be looked at.
clucas
Thanks for the reply.
She never had a ticket just this CONTRACTUAL PARKING CHARGE NOTICE.
I have attached a copy.
THanks

Sorry but I downloaded the image of the letter but cant see it I must be doing something wrong
clucas
I am stuck on how to show image of the notice
Sorry

ManxRed
G24 have identified themselves as the creditor, yet they state that the incident took place on their client's private property.

I'm struggling to imagine how G24 made a loss by virtue of you parking on someone else's land.
Jlc
G24 aren't currently in the litigious gang but there's no guarantees this will change.

Preferred approach is to appeal - they will reject no matter what you say and hit them with a full POPLA appeal if they are prepared to give up a code.

It arrived 15 days after the event - this is outside the required 14 days to invoke Schedule 4 to pursue the keeper. Although it was dated 20/6 so should have arrived on 22/6. This isn't a slam dunk imho.

QUOTE (ManxRed @ Thu, 27 Jun 2013 - 16:41) *
I'm struggling to imagine how G24 made a loss by virtue of you parking on someone else's land.

Indeed - I thought they were going 'contractual' route rather than 'loss/damages' but the letter clearly says breach of T+C's. They are confused, bless.
clucas
Thanks for the replys
I read somewhere that if you receive the letter outside the 14 days in fact this is what was showing I have copied and paste



2.(Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked

A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales

If the above is correct then their letter was sent on a Thursday but because Saturday is not a working day Monday delivery would take it over 14 days.
On this basis could this not be relied on as reason to appeal
Thanks
Jlc
It's a tight one - at least it's dated within the 14 days unlike some other PPC's!

But not arriving within the 14 days doesn't necessarily invalidate it. It would lose their right to pursue the RK - if they knew the identity of the driver then the 14 days doesn't matter... (One of the PoFA Schedule 4 conditions)

If you go the appeal route then do not reveal the driver - write everything as the keeper/3rd party. So for example instead of 'I parked my car...' say 'The car was parked...'.
clucas
Thanks again for the reply
Having read so much about this private parking it just gets a little confusing. All the advice private parking I read about seemed at first to suggest to ignore. Then the advice seemed to change to appeal and then the most worrying thing is if you go to court you have to rely on Judges who could give different decisions on different days.
I suppose I was just hoping that the 14 day rule would be more transparent.
It seems silly that a car park that is always only half full on most days and especially on a Sunday allow you to stay 3 hours for free and yet want to charge you an extra £100 for 20 minutes more
My wife just thinks she should pay as she is worried about any kind of red letter
kommando
The advice has changed for 2 reasons.

1. Certain PPC's are now bulk raising court cases to ignorers.

2. Popla appeals based on Pepipoo advice are winning and also cost the PPC £27.
instrumentsofjoy
QUOTE (kommando @ Thu, 27 Jun 2013 - 17:32) *
The advice has changed for 2 reasons.

1. Certain PPC's are now bulk raising court cases to ignorers.

2. Popla appeals based on Pepipoo advice are winning and also cost the PPC £27.


And there is an additional cost to the BPA according to Parking Prankster.

http://parking-prankster.blogspot.co.uk/20...popla-cost.html
Jlc
Ignoring may still work for a number of the smaller outfits but it's still safer to kill it. They potentially have 6 years to take it to court. The BPA Ltd are looking to provide solicitor assistance so the chance of going to court is only going to get larger.
nigelbb
The 14 day count starts from the day after the parking event. Here is the relevant extract from POFA 2012

QUOTE
9
(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.
(6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.


As the parking event was the 9th June the NTK should have arrived by 24th June (which it did). It was dated the 20th June so even if it had arrived outside the 14 days you would have needed a postmarked envelope to prove that they missed the deadline.
SchoolRunMum
QUOTE (clucas @ Thu, 27 Jun 2013 - 14:23) *
Hi My Wife received a CPNC for overstaying by 20 minutes on a free 3 hours shopping centre car park. this happened on sunday 9th june.I had found a template letter( off another site) to send off to respond to the £100 charge. Upon further reading it seems there is a time limit for the letter to be received .She did not get the CPCN until monday24th the CPCN is dated the 20th June. Could somebody please tell me if this is correct and if so do I need to send my original letter that is ready for posting.
Thanks
This is the first time I have posted on any site




First port of call is ALWAYS to complain in person in the Store, was it a Supermarket? Get in there to the store and demand to see the Manager to get this cancelled, always try that first!


Do you mean you have responded to G24 or not yet? If not, and if the Store Manager will not cancel the thing, we say send a short appeal like these links on this thread:

http://forums.pepipoo.com/index.php?showto...20&start=20

And you really don't need to focus on the '14 days thing' because there will be much more to include in your appeal at POPLA stage. That letter isn't even headed up 'Notice to Keeper' so how is a layman supposed to identify it as such?

Once you have sent off your soft challenge (not much detail in it and no saying who was driving!) then research ready for your POPLA appeal, whilst awaiting their rejection letter. Find and note what they may have done wrong against this:

http://www.parkingcowboys.co.uk/keeper-liability/

and compare G24's set up in that car park (signs, cameras etc.) against the March 2013 version of the BPA Code of Practice. Read it, most of us here have! It's not too long and the sections are bullet-points which you can pick out and quote in any POPLA appeal. Can you get pics of the signs in the car park, are there any at the entrance, are they clear/lit/low enough to read when driving in?

When you get your rejection letter and POPLA code come back for more advice and to fine-tune your POPLA appeal wording - which will be much stronger and longer than that soft appeal.
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