Hello,
Thank you very much for the response to my previous post.
I have received the below from Ace Parking who are unfortunately not accepting the appeal:
Thank you for your email regarding the above parking Charge Notice. We acknowledge that there is no legal obligation for the registered keeper of the vehicle to identify the driver of the vehicle at the time the parking Charge Notice was issued. We would, however, explain that as per the Supreme Court Case of Beavis Vs Parking Eye as soon as the vehicle parks on private land the driver enters into a contract for parking, as shown on the Warning Signs (the contract). The creditor is Ace Security Services, which is a trading name of Pace Recovery & Storage Limited, which despite your assertion is a legal entity. The company details are all clearly written on the back of the Charge Notice.
There is no definition in the Protection of Freedoms Act 2012 that a creditor must be a ltd company or the landowner. The Act defines the creditor as follows; the ‘creditor’ means a person who is for the time being entitled to recover unpaid parking charges from the driver of the vehicle.
By parking on the land, the driver accepts the terms of the contract and if they leave the vehicle parked in breach of the terms of the contract, they agree to pay £100 within 28 days of the date of issue of any subsequent Charge Notice (CN). This means that if a parking CN is issued, it is notification to the driver of the vehicle that they are in breach of the terms and conditions of parking, and a CN is payable. At this point, the driver of the vehicle is liable for the CN and they alone, are the only person that can lodge an appeal against the CN within 28 days of the date of issue. It is clearly stated on the reverse of the CN, that unless there are extenuating circumstances CNs can only be appealed by the driver who parked the vehicle prior to the CN being issued. We are unable to accept an appeal from a third party.
Should a CN remain unpaid after the 28 days of the date of issue, and no appeal has been made by the driver, we are entitled to pursue the matter as stipulated in Schedule 4 of the Protection of Freedoms Act 2012. In the first instance we are required to make an enquiry with the Driver and Vehicle Licensing Agency (DVLA) to obtain the details of the Registered Keeper of the vehicle, to enable a Notice to Keeper to be sent. In view of this, we are unable to accept your statement that you are the registered keeper of the vehicle, as we are required to follow due process.
Once a Notice to keeper has been issued, the right to appeal has been lost.
Upon receipt of the Notice to Keeper, the person or company in receipt of the Notice can either, pay the amount due, make a statement to Transfer Liability or if there are extenuating circumstances make an appeal outside the initial 28 period against the issue of the Charge Notice.
If you were not the driver of the vehicle and you are the Registered Keeper of the vehicle, you are entitled to wait to receive the Notice to Keeper and then take the appropriate action applicable to your situation. It should be noted; however, that if you decide to take this course of action, any reduced fee will not be available or offered.
We are fully compliant with the Data Protection Act 1988 and the UK General Data Protection Regulations and are registered with the Information Commissioners Office (ICO). Our Data Protection registration number (Z1969902) is clearly shown on the reverse of the Charge Notice, together with our Business Registration number (3280414). There is also confirmation that we are a member of The IPC (International Parking Community).
We would also refer you to our Privacy Statement, which can be found on our website at
www.acepay.co.uk, which also explains the legal basis on which we process information.
In conclusion, we will accept an appeal from you if you confirm you were the driver of the vehicle at the time the parking Charge Notice was issued and providing that it is received with 28 days of the date of issue. If you were not the driver of the vehicle, prior to the CN being issued, please ask the driver to contact us direct if they wish to lodge an appeal against the issue of the CN.
We hope that our email has explained our position with regards the CN, as we are unable to assist you any further. You are of course at liability to make a complaint to our client (the landowner) as stated in your email
Any further advice would be greatly appreciated
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