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Messages - rehtaflog

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1
Appeal made based on advice above.

PCN cancelled. Not too sure why but thanks all !


I can advise that the PCN was issued because the vehicle was parked not wholly within a bay however it has come to light that this PCN was issued in error. This error invalidates the notice and I confirm that the notice has been cancelled.
Please disregard the PCN that was issued to you. No further action is required on your part.
Please accept my apologies for this error and any inconvenience this matter may have caused.

2
Sorry meant royal we, so its in my name - not hired or leased

Pics attached - dates on notice changed so ignore















3
Yes car in our name
No challenge made initially as its the first we have known about this.
So whoever was driving may have received a PCN but not told us.
Photos show the car parked outside a parking bay.

Maybe quicker just to pay the reduced rate :(

4
Hi chaps

Received this NTO issued 4/11 yet apparently contravention happened on 2/8/24?
We have no idea who was driving at the time so long ago.

Can this appealed due to being out of time or is there any other challenge that can be applied?

Thanks






5
Private parking tickets / Parking & Property Management PCN
« on: April 30, 2024, 03:00:46 pm »
Hi chaps

Received this PCN

Is there anything that can be challenged on this? Its a carpark which they have recently taken on and we did not see the new signs at the time
Could appeal being Good Friday and out of office hours, but not sure they would entertain that





6
Ok will do
What would be the response to QDR for now please?

7
Received this reply
Is there a time limit for transfer of keeper liability?

Any suggestions chaps?


8
There is a 3rd option too for 9(2)(f)

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc


Which would be the strongest out of all 3 of them please?

Thanks

9
Private parking tickets / APCOA Tesco Slough - failed to validate ticket
« on: December 06, 2023, 04:14:30 pm »
Hi chaps

Received a PCN as failed to validate the parking

Please see below (pics removed and detailed edited)







First time Ive ever got something from Apcoa within 14 days so that challenge is out

Consdering the following 2:

Any thoughts please?



Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc



Dear Sirs,

I have received your Parking Charge Notice (Ref: ______) for vehicle registration mark _______, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012. There is no obligation for me to name the driver and I will not be doing so. I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.

Yours,

10
DNC'ed.

Huge thankyou for supporting throughout the process and appreciate all your assistance and advice with this. A great result :)

11
Hi chaps, just drafted something up:

Dear QDR Solicitors

The PCN has been issued at a car park that is railway land and therefore subject to byelaws. As such, it is not relevant land for the purposes of Schedule 4 of the Protection of Freedoms Act (PoFA), therefore the keeper cannot be held liable.

The driver of the vehicle was XXX of XXX.

Now that the drivers name and address has been provided, please can you not send any further communication on this matter to this address.

Kind Regards.

Keeper.

12
Sorry chaps not sure i forgot the original thread and reopened a new one!

At the QDR solicitors stage is there anything worth appealing for?

Just to add the driver of the vehicle at the time is not in the country any more
Even if I provide the details of the driver to stop these notices coming, would the address be considered unservicable and the liability would come back to keeper?

13
Hi chaps

Currently have received the attached

3rd letter stage now at QDR Solicitors

Read a few threads about Saba and ZZPS and most recommended to ignore or play ping pong to outlast 6 months
Is there any response I can provide at this stage?









Please also find signage pics attached






14
Yes, that would be hugely appreciated

PM Sent

15
Submitted this:
I challenge liability for this PCN because the penalty demanded exceeds the amount due in the circumstances of the case. This is because the PCN must state that payment of £130 is due before the end of the period of 28 days commencing with the date of the notice, rather than with the date of service of the notice.
The PCN also states using a route restricted certain vehicles. It does not particularise which type of vehicles.
In addition the PCN is non-compliant as it fetters to one ground only. The legislation states appeals can be made on "one or other of the grounds"
In light of the above the PCN is defective and must be cancelled. I ask that my appeal be allowed.


Received the below today along with an appeal form

Any ideas on the next steps please?




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