Have A Nice Car Park Ltd

You have the option to appeal against the charge you have received. However, we would issue the following guidance should you wish to pursue this course. A parking charge is issued if a vehicle is parked in contravention of the advertised conditions on property we own, lease or have been contracted to patrol.

Please be aware that our signage meets or exceeds the International Parking Community codes of conduct requirements. However, if you feel you have grounds for appeal, please do so within 28 days of the issue date. Should you wish to pursue an appeal, please ensure your appeal contains the following information, or we will be unable to process it:

• Your Parking Charge number
• Your name and full postal address including postcode
• Whether you were the driver, keeper or hirer of the vehicle on the date in question (we cannot consider an appeal without this information)
• Your vehicle registration number
• The date of the infringement
• Any copies of evidence you have to support your appeal
• Your contact telephone number and email address

Writing Your Appeal

When writing your appeal, please ensure that 28 days have not passed from the issue date. Please further ensure that your reason is detailed and includes all relevant data and evidence. Our appeals department will respond within 28 days by email or post with a decision. The payment WILL NOT increase whilst a decision is being made if the appeal has been made within the reduced payment period (14 days from issue).

The options for appealing are as follows:

• Email: Appeal@hancp.co.uk
• Appeal Here: https://hancp-appeal.zatappeal.com/
• Post: Have A Nice Car Park ltd, PO BOX 410, Scunthorpe, DN15 5GP.

*Please note, electronic methods are the fastest and safest way to get your appeal heard and dealt with.

Please be aware that the appeals cannot be discussed over the phone. Please do not call to appeal.

In the event of an unsuccessful appeal, you will be provided with contact details for the Independent Appeals Service with the option to take the appeal further.

The International Parking Community’s publication “Marking the Lines: Addressing the Parking (Code of Practice) Act 2019 and the Importance of Protecting Private Land” summarises motorist obligations.

Who can appeal?

Only the person who is being held liable at that point can appeal against the parking charge.

x = not liable

✓ = liable

✓ * = Where the keeper fails to identify the driver (name and serviceable address), they will become liable after 28 days of the NTK. Unless the vehicle was stolen.

Where an NTK has been sent to a hire/lease company, as they are being held liable, they have the ability to appeal against the parking charge.

Recording Appeals

All appeals are uploaded to ZatPark(our system) for the relevant parking charge.

• Appeals made through our website are automatically uploaded, and the parking charge status is updated accordingly.
• Appeals submitted by email are added manually, and the parking charge status is updated manually.
• In the case of an appeal submitted by post, the letter is scanned, uploaded to the system, and the physical copy is shredded and burned. The parking charge status is updated manually.

Responses to the appeals are sent from our system to the email provided by the appellant. If the appeal was submitted by post and the email address is unknown, the response is sent by mail.

Once the appeal is submitted, the parking charge is put on hold until the appeal is reviewed and a response is sent.

If the appeal is approved, the parking charge is cancelled.

If the appeal is declined, the appellant is given 14 days to pay the discounted amount. If the deadline is missed, the appellant has another 14 days to pay the full amount.

Motorists have 28 days to submit the appeal.

Appeals out of time

We will allow appeals to be submitted after 28 days in exceptional circumstances.

Exceptional circumstances may include where the registered keeper can evidence that they were not the driver and evidence that they were not aware that a parking charge had been issued. This includes the recipient being away or abroad, hospitalised as an inpatient, or delivered to the wrong address through no fault of the motorist.

Where the Registered Keeper has changed their address and has failed to inform the DVLA in accordance with Part IV (regulation 18) of the Road Vehicles Registration and Licensing Regulations 2002, this shall not be classed as exceptional on its own.

If exceptional circumstances have been established, the parking charge shall revert to the start of the 28-day period, and the motorist may submit an appeal.

Investigation of the appeal

Investigations shall be completed by trained appeals handlers.

Each appeal will be fully investigated by:

• Reviewing any evidence that has been supplied by the motorist
• Checking images captured
• Checking CCTV footage
• Checking logs of pay and display machines to ensure that they were working correctly at the time of issue
• Checking logs of web-based payment providers to ensure that they were working correctly at the time of issue
• Checking for accidental keying errors
• Checking to see if the appellant has any exemptions in line with Annex F.1 & F.2 of the Code of Practice, that may warrant the cancellation of the parking charge
• Investigating any mitigating circumstances provided by the appellant in line with Annex F.3 of the Code of Practice, that may warrant either the cancellation of the parking charge, or the offer of a reduced settlement charge of £20

When investigating an appeal it is acceptable to ask the appellant for additional information regarding their appeal in line with Annex F3.3 of the Code of Practice.

For example:

Appeal decisions

Appeal decisions shall be made within 28 days of the appeal being lodged. In the event that a decision cannot be made within 28 days, the motorist shall be provided with an acknowledgement that the appeal has been received and is being considered, and be provided with a timeframe for concluding the appeal.

If an appeal is accepted, the parking charge shall be cancelled.

If an appeal is rejected, the appellant shall be afforded the opportunity to appeal to the Appeals Service

Responding to appeal

Appeals shall be responded to within 28 days.

The reduced rate of payment should be offered for a further 14 days from the date of rejection of the appeal where the original appeal is received within the timeframe for making payment at the reduced rate

Appeal responses shall:

• Not imply or cause the recipient to infer statutory authority where none exists
• Not use prohibited terminology as set out in Annex E of the Code of Practice.
• Not be threatening or misleading
• Not infer potential consequences that cannot be enforced
• Be clearly dated
• Include a contact address
• Include the amount of the debt
• Include date and time of the contravention for which the original PCN was issued
• Include the details of the contravention
• Include details of how the debt can be paid

Responses should also respond to all of the relevant points that the appellant has made in their correspondence.

Appeal rejection letters should inform the motorist that they have the opportunity to appeal to the Appeals Service. They should include the details for how to appeal to the Appeals Service and the fact that they have 28 days to submit their appeal.

Independent Appeals Service

Where an appeal is allowed by the adjudicator, this shall be binding on the operator. If an appeal is allowed, then the parking charge shall be cancelled, and no further enforcement action shall occur.

Corrective action

If the appeal is upheld, any corrective action required shall be recorded. Corrective action may include:

• Staff training
• Staff disciplinary
• Amending processes
• Suspending enforcement on a site

Recommencing enforcement action

Following the rejection of an internal appeal, enforcement action shall not recommence until the deadline for the motorist to appeal to the Independent Appeals Service has lapsed. Following the dismissal of an appeal by the Independent Appeals Service, enforcement action shall not be restarted until 28 days post the decision being made, this includes the addition of any additional fees.

Record Keeping

The following information regarding appeals will be kept for 36 months:

• Parking Charge number
• Date of appeal
• Date appeal concluded
• Outcome of appeal
  • accepted
  • rejected
  • Reduced in line with the appeals charter
  • goodwill gesture
  • withdrawn
• Where an appeal has been accepted
  • any remedial action that may be required and has been taken by the parking operator to avoid a repeat of the circumstances leading to the issue of the parking charge
  • Reason for acceptance
    • based on mitigation
    • Incorrectly issued
    • landowner request
    • exempt vehicle
    • In accordance with the appeals charter
    • goodwill gesture
    • other,
  • Location including postcode