Author Topic: G24 Portsmouth CPCN for 33 seconds ANPR  (Read 1382 times)

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G24 Portsmouth CPCN for 33 seconds ANPR
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I am the registered keeper of the vehicle, and yesterday I received a Contractual Parking Charge Notice from G24 for being in the Toolstation car park, according to the anpr photos for the grand total of 33 seconds.
Is this some kind of record?
I am attaching both sides of the letter I received.
Surely the driver would be allowed time to enter the parking area and check the signage and then decide if they wish to abide by the contract on the signage?
I don’t have photos of the signage but would be able to get them early next week if it helps.
Would anybody be able to help me decide whether to give up the driver’s name as they request or contest the validity of the accusation please?

https://imgur.com/a/IgrErvI
« Last Edit: March 02, 2025, 02:19:55 pm by Indifferent »

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Re: G24 Portsmouth CPCN for 33 seconds ANPR
« Reply #1 on: »
Do not, for any reason, identify the driver.

You are not required to do so, and it will be to your detriment if you do.

As the registered keeper, you are under no obligation to name the driver and the notice you have received does not comply with the requirements of the legislation to transfer the liability from the driver to you.

Quote
9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

(c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;

(d)specify the total amount of those parking charges that are unpaid, as at a time which is—

(i)specified in the notice; and

(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;
(g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;

(i)specify the date on which the notice is sent (where it is sent by post) or given (in any other case).

(3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

(7)When the notice is given it must be accompanied by any evidence prescribed under paragraph 10.

(8)In sub-paragraph (2)(g) the reference to arrangements for the resolution of disputes or complaints includes—

(a)any procedures offered by the creditor for dealing informally with representations by the keeper about the notice or any matter contained in it; and

(b)any arrangements under which disputes or complaints (however described) may be referred by the keeper to independent adjudication or arbitration.
« Last Edit: March 02, 2025, 02:45:33 pm by jfollows »
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Re: G24 Portsmouth CPCN for 33 seconds ANPR
« Reply #2 on: »
Thank you.

The next step is for me to go about challenging the validity of the charge.

Any advice gratefully received.

Re: G24 Portsmouth CPCN for 33 seconds ANPR
« Reply #3 on: »
They can say what they like.

You simply tell them that - as registered keeper - you have no liability.
Plenty of example letters here.

Quote
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended

in particular.
« Last Edit: March 02, 2025, 02:55:11 pm by jfollows »

Re: G24 Portsmouth CPCN for 33 seconds ANPR
« Reply #4 on: »
Thank you

If you tell me the name of your favourite charity, I will make a donation to them.

Re: G24 Portsmouth CPCN for 33 seconds ANPR
« Reply #5 on: »
The Stroke Association
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Re: G24 Portsmouth CPCN for 33 seconds ANPR
« Reply #6 on: »
This is where I got confused, I thought that with non POFA,  they had 6 months to get the RK details and 1 month to send the letter.

I couldn’t see any reference to POFA on the letter and assumed they were within time.

Thanks again for your time.
« Last Edit: March 02, 2025, 03:06:01 pm by Indifferent »

Re: G24 Portsmouth CPCN for 33 seconds ANPR
« Reply #7 on: »
They can pursue the driver under contract law for six years.

They may well refuse your appeal “after careful consideration” but have to provide a code for POPLA to whom you need to appeal again, and they should cancel. Even if they don’t you are under no obligation and a court would decide in your favour.
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Re: G24 Portsmouth CPCN for 33 seconds ANPR
« Reply #8 on: »
That’s really helpful thanks, donation made.

Re: G24 Portsmouth CPCN for 33 seconds ANPR
« Reply #9 on: »
Given their lack of PoFA compliance as jfollows has noted, here's a suitable appeal...

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 ("The Act"). You have chosen not to issue a Notice to Keeper in accordance with The Act, and it is now too late for you to do so.

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.

Yours,

If appealing online, be careful there are no drop down/tick boxes that cause you to identify who was driving, and keep a close eye on your spam folder for their response. If they do not respond within 28 days, chase them.

Re: G24 Portsmouth CPCN for 33 seconds ANPR
« Reply #10 on: »
Thanks.

Some very knowledgeable people helping out on this forum 👍🏼

Re: G24 Portsmouth CPCN for 33 seconds ANPR
« Reply #11 on: »
Quote
They may well refuse your appeal “after careful consideration” but have to provide a code for POPLA
G24 are IPC members, so no POPLA. It'll be the far more useless IAS - they're usually not worth bothering about, but with notices issued outside the relevant period they are worth a go, as they do sometimes uphold those ones.

Re: G24 Portsmouth CPCN for 33 seconds ANPR
« Reply #12 on: »
Oops, missed that one, thank you.

Just means that it’s not worth bothering appealing to the IPC in my opinion because they’re likely to deny the appeal. Nonetheless even if so, it’s not binding on the appelant anyway, and unlikely that a court would agree.

I started off being amazed by the number of cases which don’t get the basics right - like here - but then I realised that since most people just pay up anyway it doesn’t matter to the parking companies like G24 all that much.
« Last Edit: March 02, 2025, 08:00:53 pm by jfollows »

Re: G24 Portsmouth CPCN for 33 seconds ANPR
« Reply #13 on: »
Quote
Just means that it’s not worth bothering appealing to the IPC in my opinion because they’re likely to deny the appeal
Cases like these where the notice has been issued too late are one of the very few times I actually recommend an IAS appeal (albeit a short and basic one to avoid wasting too much time) - of the small number of IAS successes I've seen, a good deal have been on that point.

Re: G24 Portsmouth CPCN for 33 seconds ANPR
« Reply #14 on: »
Quote
Just means that it’s not worth bothering appealing to the IPC in my opinion because they’re likely to deny the appeal
Cases like these where the notice has been issued too late are one of the very few times I actually recommend an IAS appeal (albeit a short and basic one to avoid wasting too much time) - of the small number of IAS successes I've seen, a good deal have been on that point.
A very good point, I agree. And you have more experience than I do.