Yesterday, 11:40 PM
Hi @b789, i have attached my draft for my appeal below, please let me know if there are any adjustments i should make to it, thanks!
Dear Sir/Madam,
I am the registered keeper of the vehicle and wish to appeal the above Parking Charge Notice.
I deny any liability for this charge.
Firstly, your Notice to Keeper does not comply with the mandatory requirements of Schedule 4 of the Protection of Freedoms Act 2012 and therefore you have not established keeper liability. In particular, the Notice fails to comply with paragraph 9(2)(e), as it does not state that the creditor does not know both the name of the driver and a current address for service for the driver. Merely inviting the keeper to identify the driver does not satisfy this statutory requirement.
Further, the keeper liability warning does not accurately reflect the wording prescribed by paragraph 9(2)(f) of Schedule 4. It refers generally to payment not being received “after 28 days” rather than the statutory period of 28 days beginning with the day after the Notice is given, and omits the condition that keeper liability can only arise where the creditor still does not know both the driver’s name and a current address for service.
In addition, your Notice does not specify a genuine period of parking as required by paragraph 9(2)(a). The ANPR timestamps merely record entry and exit from the site and do not establish the actual period during which the vehicle was parked.
As the Notice to Keeper does not comply with the requirements of Schedule 4, you cannot transfer liability from the unknown driver to me as the registered keeper.
In light of the above, I require that you cancel this Parking Charge Notice. Should you reject this appeal, please provide a full explanation addressing each of the points raised, together with all evidence you intend to rely upon, including copies of the signage in place at the material time, the landowner authority authorising you to issue and enforce parking charges at this location, and the ANPR records.
For the avoidance of doubt, I am appealing solely as the registered keeper. No admission is made as to the identity of the driver, and no inference should be drawn in that regard.
I look forward to your confirmation that the Parking Charge Notice has been cancelled.
Dear Sir/Madam,
I am the registered keeper of the vehicle and wish to appeal the above Parking Charge Notice.
I deny any liability for this charge.
Firstly, your Notice to Keeper does not comply with the mandatory requirements of Schedule 4 of the Protection of Freedoms Act 2012 and therefore you have not established keeper liability. In particular, the Notice fails to comply with paragraph 9(2)(e), as it does not state that the creditor does not know both the name of the driver and a current address for service for the driver. Merely inviting the keeper to identify the driver does not satisfy this statutory requirement.
Further, the keeper liability warning does not accurately reflect the wording prescribed by paragraph 9(2)(f) of Schedule 4. It refers generally to payment not being received “after 28 days” rather than the statutory period of 28 days beginning with the day after the Notice is given, and omits the condition that keeper liability can only arise where the creditor still does not know both the driver’s name and a current address for service.
In addition, your Notice does not specify a genuine period of parking as required by paragraph 9(2)(a). The ANPR timestamps merely record entry and exit from the site and do not establish the actual period during which the vehicle was parked.
As the Notice to Keeper does not comply with the requirements of Schedule 4, you cannot transfer liability from the unknown driver to me as the registered keeper.
In light of the above, I require that you cancel this Parking Charge Notice. Should you reject this appeal, please provide a full explanation addressing each of the points raised, together with all evidence you intend to rely upon, including copies of the signage in place at the material time, the landowner authority authorising you to issue and enforce parking charges at this location, and the ANPR records.
For the avoidance of doubt, I am appealing solely as the registered keeper. No admission is made as to the identity of the driver, and no inference should be drawn in that regard.
I look forward to your confirmation that the Parking Charge Notice has been cancelled.
