Author Topic: Hi, can anyone help with this one  (Read 65 times)

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Hi, can anyone help with this one
« on: »
Hi all 👋 can anyone help to get this cancelled if it’s at all possible

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Re: Hi, can anyone help with this one
« Reply #1 on: »
For starters, no “period of parking”, see
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

Quote
8(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) 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;

Do not identify the driver.

Without complying with PoFA 2012, liability can not be transferred from the driver - who entered into a contract by parking - to the registered keeper.

They will reject your appeal because they always do.

Search the forum for similar cases to see what happens.

Re: Hi, can anyone help with this one
« Reply #2 on: »
Many thanks. I will try and do a search now

Re: Hi, can anyone help with this one
« Reply #3 on: »
The notice also fails the requirements of PoFA Schedule 4 Paragraph 9(2)(b) - the notice fails to state the second requirement of 9(2)(b) which specifies that the keeper should be informed that "the parking charges have not been paid in full"


Paragraph 9(2)(b);

The notice must (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
« Last Edit: Yesterday at 07:54:04 am by InterCity125 »

Re: Hi, can anyone help with this one
« Reply #4 on: »
I believe the pcn was given because of the vehicle not being parked within the parking bay

Re: Hi, can anyone help with this one
« Reply #5 on: »
It makes no odds what the alleged contravention is.

They have no idea who the driver was.

And they cannot technically use PoFA if their NtK is not compliant.

Re: Hi, can anyone help with this one
« Reply #6 on: »
Hi thanks for responding. So I should devise a letter stating both areas of non compliance you mentioned?