Thank you.
I'll keep it simple and direct (and steal from the suggested reply in the IPS/Wadebridge case), since I know this is just the start of the merry dance!
Dear Sirs
I have received your Notice to Keeper (Ref #: ________) for vehicle registration ____ ___, in which you allege the driver has incurred a parking charge. I am appealing as the registered keeper on the basis that no consideration period was offered.
Section 5.1 of the private parking sector single Code of Practice, which the IPC states must be followed, states that "Where a parking operator assumes a vehicle is parked based on time alone they must allow a consideration period of appropriate duration". Annex B of the Code of Practice specifies that in a car park for which a tariff is due (pay and display), this consideration period must be a minimum of 5 minutes.
As per your own ANPR evidence, the vehicle was on site for 3 minutes 59 seconds, far less than the minimum consideration period. As such, the charge must be cancelled.
In addition, Schedule 7 of the IPC's Code of Practice 13.1 states, “The parking operator must allow a consideration period of appropriate duration, subject to the requirements set out in Schedule 7.” Under Schedule 7, 13.1.3 states: “The consideration period ends at the point where there is evidence that the driver has, by parking, accepted the terms, conditions and restrictions applying (whether or not they have chosen to read them) which may be evidenced by the driver parking the vehicle and leaving the premises, paying the applicable parking tariff, or turning off the ignition of the vehicle and remaining stationary for more than 5 minute.”
Again, and as per your own ANPR evidence, the vehicle was on site for 3 minutes 59 seconds, far less than the minimum consideration period. As such, the charge must be cancelled.
I look forward to your confirmation that the charge has been cancelled and that my personal data has been removed from your records.
Yours,
