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Messages - Novice

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Hi all, I've now received the outcome of my appeal which you can see on here:

https://imgur.com/a/Tnlsb6t

It sounds like they don't think they need to comply with the PoFA here since it wasn't stated explicitly on the NtK.

Do I therefore have any legs left to stand on here or do you think it would be wise just to pay it?

Many thanks
Novice

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I can confirm that I have NOT sent the appeal yet and it appears to be a very good job that I haven't!

B789 - thank you so much for your advice and draft, I will send this as my appeal and let you know as and when I get any updates.

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Many thanks for your responses and patience.

Link to documents:

https://imgur.com/a/Tnlsb6t

Google Street View:

https://maps.app.goo.gl/nZuuzWvNNgzugNb5A

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Apologies, I seem to be having some issues with uploading the relevant supporting images despite all being well under 10820 KBs - @admin, please could you support?

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  • 3 February 2024
  • A payment amount for staying in the car park was initially forgotten about li]
    • Within an hour they had disappointingly already placed a yellow ticket on the car
    • The yellow ticket was ignored and the car park’s QR code was scanned to take them to the ParkIn website, where a ticket was purchased online for a full day’s worth of parking
    • 24 June 2024
    • On 24 June, I, the registered keeper, received a PCN letter through the post, 142 days later
    • No contact has been made with them yet, and I understand that there are 28 days to appeal from the date of posting, which gives until 21 July to respond
    Possible reasons for appeal - I’m certainly no expert but from some research and following other cases in the forums I gather that I might be able to appeal on the following grounds:
    • (1)[Strong grounds of appeal]
    • It’s a private car park and the PCN has been issued by the IPC (private company) and NOT the council
    • I think by law (Traffic Management Act 2004 and the Civil Enforcement of Parking Contraventions (England) General Regulations 2007) they’re therefore obligated to follow the Protections of Freedoms Act and so as the first notice (the ticket) was ignored, they must provide a follow up notice within 56 days.
    • They took 142 days to provide a notice after the event and so my understanding is that this should render the ticket invalid?
    • (2) [Weaker grounds of appeal]
    • An “all day” ticket was purchased online and the vehicle hadn’t left the car park before this was paid for
    • I think this unfortunately may play into their hands somewhat though as they can point to the vehicle being parked at 13:59 which was just before the ticket had been purchased at 14:37 as per the attached receipt.
    I've started drafting an appeal, which I’ll follow up with, along with the redacted PCN document.
    It’d be great to hear any thoughts on the above, and whether you agree or if I’m barking up the wrong tree.
    Many thanks, Novice

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