GXS Services Parking Charge Issued DHB Union Street, CT17 9BN

Hello All,

I hope everyone is keeping well.

The driver in question went fishing in Dover and was waiting for a few friends to join them in what the driver thought was the car park everyone was meeting up at. The driver did not park, merely was waiting for their friends. When the driver got in touch with their friends, it came to light that the correct car park was not far from where the alleged contravention took place. The driver was in the said site between 11 and 12 minutes, had not parked, merely waited. Below is the NtK received:

https://ibb.co/5hFkjYgG
https://ibb.co/YgtKMGS

Is there anything the driver should say in appealing this parking charge notice please? Any help would be greatly appreciated.

Thank you.

From what I can see the PPN would have been delivered over the 14 days to required to claim against the keeper.

They do not quote the PoFA in the PPN, so the drivers ID must NOT be revealed in any appeal.

Any appeal must be from the keeper.

What do I write in the appeal?
Doesn't the PoFa say 28 days or is that not correct?
Thanks,

There is an appeal template for lack of service notice which I have successfully used previously . This relates to NCP Cardiff under my posting name. As I have informed others who are in the same position as you you must Taylor it to you own circumstances. When completed just await the response before further advice. Do not disclose driver details under any circumstances.

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 deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) 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.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc

Appeal as the keeper only, watch for any drop down boxes that ask for ID.

Thank you so much for the draft appeal. I have sent this off to GXS.
I am sure they will come back rejecting it, but will keep you posted.

Best wishes,
Jay

Hello!

So I have received the appeal back from GXS:

https://ibb.co/013dt8Y
https://ibb.co/C3FRK27K

Should I go to the IAS and waste time?

Thanks
Jay

You're not wasting time.

Firstly you make the parking company pay something like £23 when you invoke the IAS.

Secondly, you should always assume this could go to court, and being seen not to engage with the defined appeal process properly will not go in your favour if so.

The odds are that, if properly defended, a county court claim will be discontinued before the hearing date, but it's wise for you to proceed on the basis that it might not be.

Ok thank you.
Do I adapt the appeal I sent into GXS and send the adapted version to IAS?
Thank you
J

Ok thank you.
Do I adapt the appeal I sent into GXS and send the adapted version to IAS?
Thank you
J

Yes.
Expand on it slightly by quoting the legislation and identifying the precise reason why the notice fails to comply, and therefore why you can’t be liable.
If rejected, it’ll still be the majority of your appeal to a county court claim anyway.