Draft response:
I am writing to formally challenge the above-detailed Parking Charge Notice (PCN) issued to my vehicle [Vehicle Registration Number] on [Date]. I am the registered keeper of the vehicle and believe that the charge is unfair and invalid for the following reasons:
No Breach of Terms and Conditions:
The vehicle was stopped in front of a garage at a ground floor flat, and the driver was actively loading a wardrobe panel onto the roof bars. The vehicle was not parked in the legal sense but was engaged in the process of loading/unloading. There was no clear or conspicuous signage indicating that such activity was prohibited. Therefore, the vehicle did not breach any terms and conditions of parking.
Insufficient Signage:
Upon review of the site, it was found that the signage was not clearly visible or adequately positioned to convey the parking restrictions to drivers. The entrance to the estate did not have clear signage stating that it is a controlled parking area requiring authorisation. According to the BPA Code of Practice, parking terms must be prominently displayed. This was not the case, thus making the charge unenforceable.
Grace Period:
According to the BPA Code of Practice, a reasonable grace period must be allowed for drivers to enter, read the terms and conditions, and leave the site if they decide not to stay. The vehicle was present on the site for only 11 minutes, which should be considered within a reasonable grace period for loading/unloading activities.
No Evidence of Parking:
The vehicle was never left unattended, and a passenger remained in the vehicle at all times. Under the legal definition of parking, as per case law, the vehicle was not parked. The presence of a passenger indicates that the vehicle was not stationary for parking purposes but was temporarily stopped for a legitimate purpose.
Compliance with POFA 2012:
The Protection of Freedoms Act 2012 (POFA) sets out specific requirements for holding the registered keeper liable for a parking charge if the driver is not identified. I received the PCN on 9th July for an alleged contravention on 28th June, which raises concerns about compliance with POFA regarding the timing of the Notice to Keeper.
I request confirmation that the PCN complies fully with the requirements of POFA 2012, including:
The Notice to Keeper was issued and delivered within the required timeframe as specified by POFA.
The Notice includes all necessary information as stipulated by POFA, such as the details of the charge, the reason for the charge, the period of parking, the vehicle involved, and the steps taken to identify the driver.
The Notice was properly served and meets all other relevant protocols outlined in POFA Schedule 4.
If the PCN fails to comply with any of these requirements, then the registered keeper cannot be held liable, and the charge must be cancelled.
I request that you cancel this PCN immediately. Should you choose to reject this appeal, please provide me with a POPLA verification code so that I may escalate my appeal to the independent adjudicator.
Supporting Evidence:
Photographs of the signage and site
Google Street View links showing the entrance and lack of clear signage
I trust this clarifies my position and look forward to your confirmation that this PCN has been cancelled.
