Contractual Parking Charge Notice

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Re: Contractual Parking Charge Notice

Thanks Nanna

[lookingforward]

Re: Contractual Parking Charge Notice

Email rec'd yesterday by email re the original parking charge

Parking Charge Number (PCN): 12345678
Vehicle Registration: XYZ
Issued On: 16/03/2016
Issued By: G24 Ltd

What do I need to do?

You now have 10 working days from the date of this email (until 20/04/16 23:59) to complete the next stage in the Arbitration process. If you fail to action it within this time; the matter will be sent directly to an Adjudicator who will determine liability based only on this information and you will lose the ability to make any representations or upload any evidence.

You need to log into the IAS system at www.theias.org and view the information that the Parking Operator has uploaded.

The Parking Operator should have uploaded sufficient evidence to show that you are, on the face of it, liable to pay the charge.

You will then have TWO options:

1) SUBMIT YOUR APPEAL - You can respond to the evidence by making any representations that you consider to be relevant as to the lawfulness of the charge and by uploading any photographs or other evidence that you may have. Once you submit your appeal you will not have the ability to add to or amend your submission.

- OR -

2) REFER THE CASE STRAIGHT TO ARBITRATION - If you consider that the information provided is not capable of showing that you are, on the face of it, responsible for the parking charge, then you may choose this option. WARNING, the Adjudicator will assess ONLY the evidence provided by the operator and NOTHING MORE. You will not have the opportunity of making representations and the Adjudicator will decide, on the balance of probabilities, whether you are liable for the parking charge.

IMPORTANT: If you are unsure as to which option to choose, you will need to seek your own independent legal advice. The IAS is not able to comment on the evidence or assist you in making this decision.

Yours Sincerely,
The Independent Appeals Service



What do I do now please ?


Thx as always

[mystery1]

Re: Contractual Parking Charge Notice

Log in, view the info (prima facie case) and put it up here so we can reply to it in the best way possible.

M1

[lookingforward]

Re: Contractual Parking Charge Notice

Ok, here we go

Operator's Prima Facie Case

The operator made their Prima Facie Case on [COLOR=#000000 !important]06/04/2016 12:53:17.

The Operator Reported That...

The appellant was the keeper.
The operator is seeking keeper liability in accordance with PoFA..
ANPR/CCTV was used.
The Notice to Keeper was sent on [COLOR=#000000 !important]16/03/2016[/COLOR].
A response was recieved from the Notice to Keeper.
The ticket was issued on [COLOR=#000000 !important]16/03/2016[/COLOR].
The Notice to Keeper (ANPR) was sent in accordance with PoFA.
The charge is based in Contract.

The Operator Made The Following Comments...

The registered keeper has not given the name and address of the driver for the day in question.

As a gesture of goodwill we requested copies of receipts for the day in question, if supplied within 14 days we would re-evaluate the motorists appeal. The appellant did not fulfil this request. There is no requirement for the motorist to do so.

This is not a relevant consideration as the motorist entered into a contract with G24 Ltd, so have agreed to pay.

The signs advertising the terms and conditions of the car park are compliant with our Approved Operator Scheme and displayed in prominent locations throughout the car park.

The motorist entered into a contract with G24 Ltd to park within the permitted free parking of 150 minutes and the motorist parking period was for 404 minutes therefore the CPCN still applies.

It is for the above reasons that the appeal has been rejected.[/COLOR]

Not sure if these links will work but here goes they are the car park site map, signs etc

https://www.theias.org/uploads/6T5nY...ROKYubnI6c0zvo

https://www.theias.org/uploads/7LakX...x2t1rx163vhAZ0

https://www.theias.org/uploads/y341j...6I1HvOJQbZ0jAM

There's also a copy of the original charge notice we rec'd which show pics of the car entering and leaving with the reg number clearly visable

[mystery1]

Re: Contractual Parking Charge Notice

Well they have responded as we wanted them too.

Those links don't work but i do need to see the parking charge notice.

I'll get back to you later this week or early next week when i'm not working.

M1

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Re: Contractual Parking Charge Notice

Excellent thank you I'll wait to hear from you :-)
I can post the parking charge notice on here if I can suss out photoshop to hide the personal details, if not I'll pm it to you

[lookingforward]

Re: Contractual Parking Charge Notice

[lookingforward]

Re: Contractual Parking Charge Notice

Email rec'd Friday regarding the "I as registered keeper etc" appeal to the second parking charge notice (bolded so not to confuse with the 1st charge which is further on)

Thank you for your email.

There are sufficient signs at the entrance to and in prominent locations throughout the car park displaying the terms and conditions. Your are welcome to revisit the site to view the signage, we advise you to adhere to the terms and conditions of parking when visit the site.
Our signage complies with the Independent Parking Committee's Approved Operator Scheme.

As we have extensively investigated this Contractual Parking Charge Notice and provided you with the results of our investigation, no further investigation will be undertaken. Any further correspondence will not receive a response, the options below are still open to you.

Please supply copies of your receipts for the day in question or your bank statement with your private details erased showing the transaction(s) on our client's site. As a gesture of goodwill we may re-evaluate your appeal. Please do not send in original documents as they will not be returned.

You now have one of the following options available to you:

1. Pay the outstanding Parking Charge. Payment of your Contractual Parking Charge Notice can be made via the payment line: 0333 733 3000 or by sending a cheque or postal order to G24 Limited, PO Box 3320, Gerrards Cross, Buckinghamshire, SL9 8WT.

2. If you believe this decision is incorrect, you are entitled to appeal to The Independent Appeals Service (www.theIAS.org), The Independent Appeals Service provides an Alternative Dispute Resolution scheme for disputes of this type. As you have complied with our internal appeals procedure you may use, and we will engage with, the The Independent Appeals Service Standard Appeals Service providing you lodge an appeal to them within 21 days of this rejection.

3. If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.

Customer Services
G24 Ltd


I assume I follow the same procedure as with the 1st ?

Thanks

[mystery1]

Re: Contractual Parking Charge Notice

I assume I follow the same procedure as with the 1st ?

Yup.

I will be doing the IAS appeal soon.

M1

[lookingforward]

Re: Contractual Parking Charge Notice

Yup.

I will be doing the IAS appeal soon.

M1

Brilliant thanks so much

[mystery1]

Re: Contractual Parking Charge Notice

Brilliant thanks so much

Keeper liability.




The operators primia facie case states that "the operator is seeking keeper liability in accordance with pofa"




The protection of freedoms act 2012 schedule 4 allows the opportunity for parking companies liable for the actions of the driver but only if full compliance is achieved. In the case of an ANPR situation compliance with section 9 is required.






Right to claim unpaid parking charges from keeper of vehicle




4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.
(2)The right under this paragraph applies only if—
(a)the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met ....




6(1)The second condition is that the creditor (or a person acting for or on behalf of the creditor)—




(b)has given a notice to keeper in accordance with paragraph 9.




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.




If the operator is relying on paragraph 9 of PoFA then the requirements have not been met.


There is no period of parking, merely a time of entry and exit given accompanied by pictures which show that the vehicle was not parked at the time and was moving. Thus the 405 minutes between the 2 pictures is wholly inaccurate as the vehicle was not parked for 405 minutes and the required period of parking does not appear on the notice to keeper.


The requirement at paragraph 9 2 (d) has not been met. There is no time specified in the notice which merely states "to date" however 9 2 (d)(ii) is clear. "specify the total amount of those parking charges that are unpaid, as at a time which is .... no later than the end of the day before the day on which the notice is either sent by post "

As there is no specification of the amount due which is unpaid at a time specified in the notice which must be at least the day before posting. The notice is dated 16/03/16 and posted on this day.



The notice to keeper being flawed means the operator cannot rely on Pofa as the state and with the drivers identity being unknown the charge should be cancelled.


M1

[lookingforward]

Re: Contractual Parking Charge Notice

Fantastic M1 thank you so much.

Do I just copy and paste that into the appeal section on the IAS site or start it off with something like "I wish to appeal because" or something ?

2nd charge intent to appeal has been logged today

Thanks again daughter thanks you too

[mystery1]

Re: Contractual Parking Charge Notice

You could add that, yes.

Too many words for the form though so save as a file and attach https://www.theias.org/userguide/article/57

In the box put see file xxxxx for appeal.

M1

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Re: Contractual Parking Charge Notice

Will do thanks :-)

[lookingforward]

Re: Contractual Parking Charge Notice

First one copied and pasted into a word doc and uploaded to the IAS website and now awaiting a decision

Second case Prima Facie case is now on the IAS site as follows:

The operator made their Prima Facie Case on [COLOR=#000000 !important]13/04/2016 14:26:29[/COLOR].

The Operator Reported That...

The appellant was the keeper.
The operator is seeking keeper liability in accordance with PoFA..
ANPR/CCTV was used.
The Notice to Keeper was sent on [COLOR=#000000 !important]29/03/2016[/COLOR].
A response was recieved from the Notice to Keeper.
The ticket was issued on [COLOR=#000000 !important]29/03/2016[/COLOR].
The Notice to Keeper (ANPR) was sent in accordance with PoFA.
The charge is based in Contract.

The Operator Made The Following Comments...

As a gesture of goodwill we requested copies of receipts for the day in question, if supplied within 14 days we would re-evaluate the motorists appeal. The appellant did not fulfil this request. There is no requirement for the motorist to do so.

This is not a relevant consideration as the motorist entered into a contract with G24 Ltd, so have agreed to pay.

The appellant has not provided a name and serviceable address for the driver on the day of the contravention.

The signs advertising the terms and conditions of the car park are compliant with our Approved Operator Scheme and displayed in prominent locations throughout the car park.

The motorist entered into a contract with G24 Ltd to park within the permitted free parking of 150 minutes and the motorist parking period was for 579 minutes therefore the CPCN still applies.

I is for the above reasons that the appeal has been rejected.