Parking appeal wording
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Discussion

Byff

Original Poster:

4,427 posts

283 months

Wednesday 29th November 2023
quotequote all
My wife parked at a local free car park with a 2hr limit and ended up over staying by 35mins. This was on 18th October 2023

As the registered keeper, I received a PCN on the 8th November 2023. I was going to just pay the charge as she clearly didn't even bother looking at the signs, just assumed it was free with no time limit. However it did nark me as they took so long to send me the letter, so logged on to their appeal page to appeal the charge, my exact wording was:

Parking charge received on 8/11/23 beyond reasonable time scale of 14 days.

Other than populating the normal name and email requests, I did not admit to being the driver (as I was at work) and did not name my wife as the driver. I've had a response stating the following:

Dear Sir/Madam,
Thank you for your correspondence relating to your Parking Charge, the contents of which have been noted.
The Charge in question was issued without invoking the Protection of Freedoms Act.
In accordance with the DVLA and BPA rules, Charges can be issued up to seven months from the date of the parking contravention.
Please forward to us the full name and address of the driver at the time this charge was incurred so that we can update our records accordingly.
We are placing this Charge on hold for 14 days from the date of this email to allow you to provide the details requested.
Yours faithfully,

CP Plus Limited

Are they correct in that they have seven months to issue a parking charge? What's my best response from here?




vikingaero

12,176 posts

191 months

Thursday 30th November 2023
quotequote all
Byff said:
My wife parked at a local free car park with a 2hr limit and ended up over staying by 35mins. This was on 18th October 2023

As the registered keeper, I received a PCN on the 8th November 2023. I was going to just pay the charge as she clearly didn't even bother looking at the signs, just assumed it was free with no time limit. However it did nark me as they took so long to send me the letter, so logged on to their appeal page to appeal the charge, my exact wording was:

Parking charge received on 8/11/23 beyond reasonable time scale of 14 days.

Other than populating the normal name and email requests, I did not admit to being the driver (as I was at work) and did not name my wife as the driver. I've had a response stating the following:

Dear Sir/Madam,
Thank you for your correspondence relating to your Parking Charge, the contents of which have been noted.
The Charge in question was issued without invoking the Protection of Freedoms Act.
In accordance with the DVLA and BPA rules, Charges can be issued up to seven months from the date of the parking contravention.
Please forward to us the full name and address of the driver at the time this charge was incurred so that we can update our records accordingly.
We are placing this Charge on hold for 14 days from the date of this email to allow you to provide the details requested.
Yours faithfully,

CP Plus Limited

Are they correct in that they have seven months to issue a parking charge? What's my best response from here?
It's bluff on their part. They are hoping you get worried about your credit file/CCJs etc and just roll over like many people do and cough up

To pursue the Registered Keeper under POFA they have 14 days to issue their invoice. Because they are saying they are not pursing under POFA "The Charge in question was issued without invoking the Protection of Freedoms Act", they are in effect just asking you for some free money nicely please.

Did you ask for a POPLA appeal code? They will normally "withdraw" the POPLA appeal when you submit it (although I find it strange they can withdraw what is your appeal and not theirs to withdraw).

pavarotti1980

5,988 posts

106 months

Thursday 30th November 2023
quotequote all
Byff said:
My wife parked at a local free car park with a 2hr limit and ended up over staying by 35mins. This was on 18th October 2023

As the registered keeper, I received a PCN on the 8th November 2023. I was going to just pay the charge as she clearly didn't even bother looking at the signs, just assumed it was free with no time limit. However it did nark me as they took so long to send me the letter, so logged on to their appeal page to appeal the charge, my exact wording was:

Parking charge received on 8/11/23 beyond reasonable time scale of 14 days.

Other than populating the normal name and email requests, I did not admit to being the driver (as I was at work) and did not name my wife as the driver. I've had a response stating the following:

Dear Sir/Madam,
Thank you for your correspondence relating to your Parking Charge, the contents of which have been noted.
The Charge in question was issued without invoking the Protection of Freedoms Act.
In accordance with the DVLA and BPA rules, Charges can be issued up to seven months from the date of the parking contravention.
Please forward to us the full name and address of the driver at the time this charge was incurred so that we can update our records accordingly.
We are placing this Charge on hold for 14 days from the date of this email to allow you to provide the details requested.
Yours faithfully,

CP Plus Limited

Are they correct in that they have seven months to issue a parking charge? What's my best response from here?
If they are not using POFA 2012 then they are not able to hold the RK liable for the driver error. Tell them this and state you will not be naming the driver either and offer them luck in their search for the driver and as above request a POPLA code for further appeal. It will cost them money and they know they will not win so will fold. Keep all correspondence as they may try a further bite of the cherry in months to come

Byff

Original Poster:

4,427 posts

283 months

Thursday 30th November 2023
quotequote all
Thanks, I figured the wording was a smoke and mirrors attempt to get payment out of me. Glad that has been confirmed.

Sebring440

3,036 posts

118 months

Thursday 30th November 2023
quotequote all
Byff said:
My exact wording was:

Parking charge received on 8/11/23 beyond reasonable time scale of 14 days.
Where did you get this info from? Who has set this "reasonable time scale of 14 days"?


pavarotti1980

5,988 posts

106 months

Thursday 30th November 2023
quotequote all
Sebring440 said:
Where did you get this info from? Who has set this "reasonable time scale of 14 days"?
Legislation https://www.legislation.gov.uk/ukpga/2012/9/schedu...
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.

anonymous-user

76 months

Thursday 30th November 2023
quotequote all
Do you have a google account?

If yes, put the details into bard (ai)

It’ll work out the text to use..