3. CPS Complete Parking Services NTK - No Valid Payment - East Laith Gate,Doncaster
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CPS Complete Parking Services NTK - No Valid Payment - East Laith Gate,Doncaster
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Hi,

I would really appreciate your advice on the below.

The driver of the vehicle entered East Laith Gate car park on the 18th March at 8pm.

The driver was assured by a friend that the parking charges on a Wednesday were only in force til 6pm and so did not purchase any ticket. The driver was only there to pick up the friend and so did not exit the vehicle and as it was dark did not see any clear signage themselves. The driver left the car park at 8:12pm.

I, the registered keeper of the vehicle, have now received a notice to keeper dated 24th March. I have attached this and also signage from the car park below.

The signage shows that the evening charge for this car park is separate to the Mon-Fri 7am-6pm section and the friend did not continue reading after seeing that part.

Any advice on this would be greatly appreciated. Thank you.

NTK:
IMG 1247 hosted at ImgBB
Image IMG 1247 hosted on ImgBB
ImgBB · ibb.co

IMG 1248 hosted at ImgBB
Image IMG 1248 hosted on ImgBB
ImgBB · ibb.co


Signage:
IMG 1250 hosted at ImgBB
Image IMG 1250 hosted on ImgBB
ImgBB · ibb.co

IMG 1251 hosted at ImgBB
Image IMG 1251 hosted on ImgBB
ImgBB · ibb.co

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Re: CPS Complete Parking Services NTK - No Valid Payment - East Laith Gate,Doncaster
« Reply #1 on: »
Could anyone please advise if the notice is not conpliant with PoFA paragraph 9(2)(f) as it states:

“The driver must pay £100 within 28 days (reduced to £60 if received within 14 Days) *from the date of this Notice*” and then under the important notice to keeper section it states “If you fail to provide the drivers name and valid address and pass this notice to the driver and the amount remains outstanding after *28 days*, the Creditor has the right to recover unpaid parking charges from the registered keeper in accordance with POFA 2012.”

From my research it seems to me that they should state the 28 days begins on the day after the day on which the notice is deemed to be given, which for a letter would be two working days after the date on the notice?
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Re: CPS Complete Parking Services NTK - No Valid Payment - East Laith Gate,Doncaster
« Reply #2 on: »
Adding a street view link of the car park if that is also useful:

53.522699,-1.12753 | Instant Street View
53.522699,-1.12753 | Instant Street View
Instant Google Street View · instantstreetview.com
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Re: CPS Complete Parking Services NTK - No Valid Payment - East Laith Gate,Doncaster
« Reply #3 on: »
You might  be right but that argument won't win an appeal with the PPC or IAS. It'll allow you to engage with the appeals process but that's it. If it ever came to court you could try that defence then but it's pretty weak. The notice was delivered in time, has a period of parking and the signage looks quite clear. By your own admission the driver breached the car park Ts & Cs. I can't see any obvious grounds to get this cancelled at appeal stage.
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Re: CPS Complete Parking Services NTK - No Valid Payment - East Laith Gate,Doncaster
« Reply #4 on: »
Isn’t it strict liability though? The PoFA states to transfer liability to the keeper the notice *must* “warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given-“
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