Author Topic: GXS Services parking charge received  (Read 102 times)

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GXS Services parking charge received
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The keeper of the vehicle received a parking charge notice today for parking without a valid cashless session on 19/03/2021 at SPA Basin Rd South, Southwick, BN41 1WF.
Advice on next steps please as the contravention alleged to have taken place is over 5 years ago and this is the first letter received about it.

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Re: GXS Services parking charge received
« Reply #1 on: »
Welcome to FTLA.

To help us provide the best advice, please read the following thread carefully and provide as much of the information it asks for as you are able to: READ THIS FIRST - Private Parking Charges Forum guide
Away from 29th March - 5th April
Posting for the first time? READ THIS FIRST - Private Parking Charges Forum guide | House Rules

Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice

Re: GXS Services parking charge received
« Reply #2 on: »
Photos of letter received here
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Image IMG 5066 hosted on ImgBB
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Re: GXS Services parking charge received
« Reply #3 on: »
They are not relying on PoFA so there is no keeper liability in this instance.

Re: GXS Services parking charge received
« Reply #4 on: »
Sorry, I don’t know a lot about this sort of thing. I’ve just looked up PCN without PoFA and am starting to understand it. Does the keeper need to send an appeal then stating failure to comply with PoFA?

Re: GXS Services parking charge received
« Reply #5 on: »
I think this has to be a record - to transfer liability to keeper, POFA requires notice to be sent within 14 days; this one is 1855 days (plus postage time)!!

A simple appeal (as keeper only!) ,but I would lay it on thick about the delay:



As keeper of vehicle VRM XXXX  I am receipt of you parking charge notice relating to an alleged event on 19/03/21.  You are no doubt aware that to transfer liability from the driver to the keeper your notice needs to comply with the requirements of the Protection of Freedoms Act - which you have spectacularly failed to do; the requirement is 14 days, not the 1855 you are trying it on with.

I will not be accepting your invitation to pay the charge, nor naming the driver.  You have no route for enforcement of this charge against me as keeper and I expect the charge to be cancelled with immediate effect.


Once they have cancelled (even I doubt they will try this on further) I would make a complaint to IPC about their laughable behaviour.  It will go no where of course.  If you were feeling particularly belligerant, you could include an invoice for £100, reduced to £60 for prompt payment, for your time.

Re: GXS Services parking charge received
« Reply #6 on: »
Thanks, that’s really helpful. The date did cause a double take  ;D

Re: GXS Services parking charge received
« Reply #7 on: »
Are you the registered keeper of the vehicle?

If so, you should send a Subject Access Request to DVLA to find out when (and by whom) your data was accessed from the date of the parking in 2021 to now. The form is here: Make a subject access request to DVLA.

It will be interesting to see when GXS accessed your data.

If you were feeling particularly belligerant, you could include an invoice for £100, reduced to £60 for prompt payment, for your time.
I wouldn't. Tempting as it may be, meeting an unenforceable charge with an unenforceable charge probably isn't the way to go.
« Last Edit: April 23, 2026, 01:23:21 pm by DWMB2 »
Away from 29th March - 5th April
Posting for the first time? READ THIS FIRST - Private Parking Charges Forum guide | House Rules

Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice

Re: GXS Services parking charge received
« Reply #8 on: »
So, we sent an appeal using the suggested wording given regarding the POFA and have had a reply - see attachment.
They haven’t even referred to that in their reply. Where should we go from here?
Image IMG 5113 hosted on ImgBB
ImgBB · ibb.co

Re: GXS Services parking charge received
« Reply #9 on: »
Appeal to the IAS - take a look at other IAS and POPLA appeals submitted on the basis of lack of PoFA compliance due to late issuance, and draft something up to show us.

If so, you should send a Subject Access Request to DVLA to find out when (and by whom) your data was accessed from the date of the parking in 2021 to now. The form is here: Make a subject access request to DVLA.
Assuming you followed my previous advice and did the above, you should get a response before your IAS appeal is due and could potentially add the results into your appeal depending what comes back.
Away from 29th March - 5th April
Posting for the first time? READ THIS FIRST - Private Parking Charges Forum guide | House Rules

Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | Private Parking Sector Single Code of Practice

Re: GXS Services parking charge received
« Reply #10 on: »
Ok, thank you. Having just started looking at the POFA detail I am a bit confused as I’m reading it that transfer of liability from driver to keeper applies within 28 days of notice being given to the driver.So as the keeper was only given notice last week we are within that 28 day period where the keeper is liable even though the contravention occurred in 2021.
So sorry if this is a stupid question but I am feeling quite overwhelmed and confused.

Re: GXS Services parking charge received
« Reply #11 on: »
Also, how do I look at other appeals? Where would I find those?
I have sent an SAR to DVLA.

Re: GXS Services parking charge received
« Reply #12 on: »
An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric in...
legislation.gov.uk


Notice has to be sent to reach the registered keeper within 14 days of the parking event, so by April 2021.

Quote
(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.


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