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Private parking tickets / Re: Smart Parking PCN - VRM not registered - TruGym Southend
« on: January 14, 2024, 05:12:32 pm »
I've been doing some reading on successful POPLA appeals and have found this example:
In this case, I cannot see that the driver of the vehicle has been identified at any point in the appeals process. As such, the operator is seeking to pursue the appellant as the registered keeper of the vehicle. In PoFA it states under section 9 4(b) that the notice must be given by 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. Under section 9 (5) it states the relevant period for the purpose of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended. The date on the PCN is 12 January 2022. This is 24 days after the parking event, and so the Notice to Keeper was not given within the required timeframe. Accordingly, I allow this appeal.
My fine was dated 7th Nov, but the letter was issued 28th Nov. Can I use the above?
In this case, I cannot see that the driver of the vehicle has been identified at any point in the appeals process. As such, the operator is seeking to pursue the appellant as the registered keeper of the vehicle. In PoFA it states under section 9 4(b) that the notice must be given by 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. Under section 9 (5) it states the relevant period for the purpose of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended. The date on the PCN is 12 January 2022. This is 24 days after the parking event, and so the Notice to Keeper was not given within the required timeframe. Accordingly, I allow this appeal.
My fine was dated 7th Nov, but the letter was issued 28th Nov. Can I use the above?