Show Posts - danny97

hey guys thanks for getting back to me again, i’m not sure if i’m going in the right direction with this, i’ve used your key points (much appreciated), really not sure about what i’m doing as i’ve never had to do it before and some things i don’t understand   i’m not sure if this was what i was meant to do but yeah ive no idea lol, i also wanted to see where you found that it said it was issued NtK in the 24th april but signs erected on the 28th april, the original Ntk was on 22 oct so don’t really understand there.Good morning,I am appealing this Parking Charge Notice as the registered keeper of the vehicle. I am under no legal obligation to identify the driver to a private parking company, and I have not done so. This appeal is made solely in my capacity as Keeper.This appeal is made on the basis that Carflow is attempting to rely on the Protection of Freedoms Act 2012 (PoFA) in a location where it does not apply. The land in question is not “relevant land” as defined in PoFA Schedule 4. Therefore, Carflow has no lawful basis to pursue the registered keeper.I have carefully evaluated the NtK and appealed against Carflow and they have rejected this current appeal, numerous key points were picked up when reading the appeal as follows:NtK misstates after 29 days from the given date” and addressed to the “registered keeper”. The statute requires “after the period of 28 days beginning with the day after that on which the notice is given”, and liability is on the keeper. Non-compliance defeats keeper liability irrespective of posting dates.no clear statement that the “parking charges in respect of the specified period of parking” “have not been paid in full”.invites payment of “this PCN” rather than “the unpaid parking charges”.Repeated misuse of “registered keeper” instead of “keeper”.Misstatement that they may pursue the keeper even if a named individual denies being the driver – contrary to PoFA and a breach of PPSCoP v1.1 cl. Their case is “failure to pay the £1.50 tariff for a 3h18 stay”. If they allege breach, the £100 (or similar) is a disproportionate sum where a modest tariff was payable, and the facts are far from the Beavis “free-for-2-hours/overstay deterrent” scenario. Put them to strict proof of commercial justification and prominent charge term. If they plead contractual sum, they must show the contract expressly priced the parking as “£1.50 plus £100” for 3h18; any ambiguity is construed against the drafter.PoFA requires posting to a current address for service and deems delivery two working days after posting. “Consignment numbers” show sending, not that the address was current. If their rejection continues debt-collection threats while ADR is available, flag unfair practice.i hope you can take this appeal into consideration and look forward to hearing from you

thanks for the reply both, much appreciated!sorry i didn’t mean to put my reference number in so im not sure how to start this situation with popla? do i need to just add the key points into my email?  do i just subject the reference number or will i also need to add more things to it? sorry if i don’t make a lot of sense never really had to do this :’(

hello again i’ve just received a reply from carflow as of today,they have sent a big reply with all the signs attached to the email which i will upload to a urli’m not sure where to go of this now if anyone could guide me in the right direction please reply is as follows:POPLA Appeal Code: [REMOVED BY MOD]Dear Sir/Madam,Thank you for contacting Carflow.This car park is private land and Carflow has been engaged to ensure that motorists pay the correct parking tariff.There are 35 signs relating to the parking restrictions in Parc Troste Main Carpark. Carflow erected all of these signs on 28-Apr-2025, which includes 1 entrance sign, 21 rules signs, 2 Welsh rules signs, 3 tariff board signs and 2 pay here signs. We have attached a Site Appendix for your convenience, which includes a map detailing the location of these signs and a large number of photos of the signs in place. The purpose of the entrance signs are to notify motorists that the site is private land, parking tariffs apply and to invite motorists to check the rules signs around the car park for further details of the terms and conditions of parking. These rules signs are clearly visible around the site and notify motorists that Carflow are responsible for parking enforcement at the car park. Our signage design and text complies with all requirements of the British Parking Association’s Approved Operator Scheme Code of Practice. This has been confirmed by the British Parking Association. The Code of Practice states that signs should be 450mm x 450mm - our signs are 46% larger at 625mm x 475mm. Parc Troste Main Car Park, Llanelli is private land and motorists should not assume that parking is free or otherwise before consulting the signs. Our signs are sufficiently visible during the day and at night should motorists wish to read them.The Parc Troste Main carpark, Llanelli is open 24 hours a day, Monday-Sunday. The parking tariff rates at this site are as follows:0 to 3 hours – FREE3 – 4 hours - £1.504 – 5 hours - £3.005 – 6 hours - £4.50Maximum stay 6 hours from 6am-11pm.Maximum stay 10 minutes from 11pm-6am.The signage clearly states "Tariff is based on stay time. Please note your entry time to correctly calculate your tariff."  Motorists are entitled to 3 hours free parking during the specified hours of this car park. If they overstay 3 hours, they are required to pay for their entire stay according to the tariffs outlined above. In this instance, you stayed for 3 hours and 18 minutes and were therefore required to pay £1.50.Please be aware that we work in accordance with Schedule 4 of the Protection of Freedoms Act 2012 which states:“4 (1) The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.5 (1) The first condition is that the creditor -(a) has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but(b) is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name and a current address for service for the driver."Therefore we remain the right to pursue the keeper of this vehicle. If you were not driving the vehicle at the time of the alleged breach, you should tell us the name and address for service of the driver and pass this notice to them. We would then pursue the driver for the charge.By parking, the driver agreed to the terms displayed on-site. As the full tariff and correct VRN were not provided, we must reject your appeal.As a gesture of goodwill we are willing to extend the discounted payment period by 14 days from the date of this correspondence. Therefore, payment can still be made at the discounted rate of £60 until 10-Dec-25. Payment must be made within 28 days (by 24-Dec-25). If payment is delayed beyond 24-Dec-25, an administrative charge may be added for late payment and debt recovery or court action may be taken. Additional costs may also be incurred as a result of debt recovery or court action.You have now reached the end of our internal appeals procedure. You now have two options; you can either pay or appeal to POPLA, the independent appeals service. You cannot do both. If you feel you have not been given a fair decision from Carflow you have the right to appeal to POPLA. Your POPLA appeal code can be found at the beginning of this correspondence. You must appeal to POPLA within 28 days of this rejection notice. The quickest and easiest way to submit your appeal to POPLA is online at www.popla.co.uk. If you appeal to POPLA within the discounted payment period, you will lose the opportunity to pay at the discounted rate. POPLA's latest annual report notes a 45% appeal success rate for motorists. In contrast Carflow maintains a 91% all-time success rate at POPLA.By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.link for signs: https://files.fm/u/hwuynz7xd4thankyou so much again:)

thanks for that advice mate, really do appreciate it:)i have attached the back off the received letter in the linkhttps://files.fm/u/83wmh7bj6y

thanks for the quick replly i’ve managed to upload photo as a linkhttps://files.fm/u/3r4wsq6dqwyeah it’s a retail park sadly🫩

also i’m struggling on how to upload photo of the pcn if anyone could also help 

hello everyone just wondering if anyone could help or there’s a way to appeal against this parking ticket at the earliest stage, my partner went shopping and stayed over the 3hr stay by 18 minutes, as you can see in the photo she had my baby daughter in the front seat and she had a few problems getting out of the car park with the baby needed to be changed before a long journey home,not sure if there’s any way out of this or is it worth paying the fine at a discounted price which is really not on the top of my list at this moment in time coming up to christmas we also no longer own this car as we sold it on the 25th of october if that can be any helpany advice i would really appreciate it, thankyou so much!

We write in relation to the above matter. Our client has instructed us to collect the outstanding balance of £170.00 in relation to an unpaid Parking Charge Notice (PCN). The Terms and Conditions on which Alliance Parking UK Ltd's services are provided are clearly displayed throughout the private land. Please be advised that there are several signs within this location displaying the terms and conditions,  As you breached the terms and conditions of the car park, this PCN was correctly issued. Considering the evidence, we are satisfied that the PCN has been issued in line with industry standards and is compliant with the International Parking Community’s (IPC) code of practice. The signage of the car park also complies with the International Parking Community’s Code of Practice. By entering and parking the vehicle on our client's private land, you agreed to enter into a contract with our client and to be bound by the terms and conditions of that contract. The terms and conditions were clearly displayed at the entrance and in prominent places within the car park. Due to your failure to comply with the terms and conditions, our client has issued the PCN. The additional charge which has been levied on your Parking Charge of £70 is the amount set out in both the British Parking Association and International Parking Community Codes of Practice as the amount which may be added to a Parking Charge when a Parking Charge remains unpaid and when further recovery is required. Our Client is a member of the International Parking Community which is a government approved Accredited Trade Association (ATA) for Private Parking. Our Client adheres to the ATA’s Code of Practice. The £70 does not represent the cost of recovery but is a reasonable amount in relation to the Parking Charge amount, in order to encourage early payment of the Parking Charge without the need for debt recovery. It is a fair amount set by our Client’s government-approved Accredited Trade Association Code of Practice. There are however also costs incurred by our client in relation to debt recovery services. It is unclear why you would need to inspect any agreement between our client and the landowner as you are not party to that agreement, not could it aid your dispute or any potential defence.  Please note that we will not be addressing any further correspondence related to disputes of the same nature, as we have already provided you with a response. However, should you wish to raise a new dispute, we will investigate the matter further and respond accordingly.  We ask that you make the full payment of £170.00 within 7 days of receipt of this email.  You can make payment in the following ways:  Contact us on 0330 822 9950 (our opening times are Monday- Friday 9:00- 17:00); portal.moorsidelegal.co.uk - Login to our portalhttps://pay.moorside.legal - Quick Pay  If you fail to respond or make payment, we may be instructed by our client to issue legal proceedings against you. This will incur further costs and fees that will be added to the outstanding balance. You may wish to seek independent legal advice.    Yours sincerely,Moorside Legal

hello, thankyou so much for getting back to me, i have received a reply from moorside as of today, they’ve also sent me the original letter that was sent out by alliance parking, they’ve also sent me photos of the vehicle coming into the car park and also leaving the car park with the times   not sure where i go from here, thanks again i will send their reply in a following post

hello was just looking to see if anyone could give me some advice, i had a parking ticket back in december 2021, which i had no idea about as i was never notified by the parking company itself to appeal and i know they no longer own the car park as it’s now a different company, 4 years after the so called parking offence i had a letter from trace debt recovery about 2 months ago which i’ll be honest i just ignored them as there’s no appealing against debt recovery company’s now this week ive received a letter from moorside legal services so im not really sure what to do now, i also haven’t owned the vehicle in over 3.5 years if it makes any difference   any advice on what i could do moving forward would me much appreciated