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  • FIRST POST
    • Pmogger
    • By Pmogger 17th Mar 17, 8:08 AM
    • 3Posts
    • 0Thanks
    Pmogger
    Care Parking Metrolink
    • #1
    • 17th Mar 17, 8:08 AM
    Care Parking Metrolink 17th Mar 17 at 8:08 AM
    I received a PCN from Care Parking 3 weeks ago after parking on a Metrolink car park overnight after a couple too many on a night out.
    As a newbie I have read the relevant posts and am about to send an email as keeper to Care Parking on day 26 after receiving a windscreen ticket. I am using the template provided to complain about the poor signage, etc.. My question is..as the ticket was issued on Metrolink land should I include in this first contact the issues of Relevant Land and bye laws or do I keep that for the Popla appeal, when they reject this one. Obviously I am hoping that sending on day 26 will throw them and they mess up with the NTK.
    Any advice from the seasoned folk on here greatly appreciated.
Page 1
    • Umkomaas
    • By Umkomaas 17th Mar 17, 8:22 AM
    • 12,163 Posts
    • 18,575 Thanks
    Umkomaas
    • #2
    • 17th Mar 17, 8:22 AM
    • #2
    • 17th Mar 17, 8:22 AM
    You've done your reading well. Keep any powder you have dry for POPLA. No matter what you put in your initial appeal, it is 95%+ likely to fail. Get your POPLA code.

    As you say, delaying to day 26 will hopefully mean they screw up on the Keeper Liability front, giving you a slam dunk at POPLA.

    Remember, no information as to who was driving - just stick exactly to the template.
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • Pmogger
    • By Pmogger 18th Apr 17, 1:49 PM
    • 3 Posts
    • 0 Thanks
    Pmogger
    • #3
    • 18th Apr 17, 1:49 PM
    • #3
    • 18th Apr 17, 1:49 PM
    Update.
    I have just received an email from Care Parking rejecting my appeal as expected and i have been given my popla code. In the email they state that as i responded as the Keeper they do not have to use DVLA to get my details. They do quite Pofa 2012. Should i still receive NTK by post?
    My main appeal point will be about relevant land and bylaws but no NTK will surely strengthen my case. Should I wait to see if the NTK arrives before submitting vto Popla?
    Pmogger
    • Umkomaas
    • By Umkomaas 18th Apr 17, 3:06 PM
    • 12,163 Posts
    • 18,575 Thanks
    Umkomaas
    • #4
    • 18th Apr 17, 3:06 PM
    • #4
    • 18th Apr 17, 3:06 PM
    Should i still receive NTK by post?
    If they want to invoke keeper liability. You need to just ease this past day 56 (providing your deadline date for your POPLA appeal extends beyond day 56) then no NtK > no keeper liability > POPLA slam dunk.

    AFAIAA they also need to have formally obtained the keeper's details from the DVLA to invoke keeper liability, otherwise they have no independent proof as to who exactly the registered keeper is.
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • Redx
    • By Redx 18th Apr 17, 4:57 PM
    • 13,658 Posts
    • 16,764 Thanks
    Redx
    • #5
    • 18th Apr 17, 4:57 PM
    • #5
    • 18th Apr 17, 4:57 PM
    dont forget that bylaws apply on railway land and so only the OWNER can be deemed as liable , but they cannot find out who the owner actually is , only the RK

    so yes they should send an NTK but its not relevant on railway land as the keeper has no responsibility in any event (plus POFA2012 does not apply)

    do not miss the POPLA deadline as you do not want it to "timeout" on you

    read the INDIGO threads here on page 1 to understand the issues about railway land , 2 recent INDIGO threads have plenty of info in them and METROLINK is no different
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Pmogger
    • By Pmogger 19th Apr 17, 8:49 AM
    • 3 Posts
    • 0 Thanks
    Pmogger
    • #6
    • 19th Apr 17, 8:49 AM
    • #6
    • 19th Apr 17, 8:49 AM
    Thanks for the replies
    I've checked my dates and I received the rejection email on day 54 after the windscreen PCN . Nothing in the post yet and it's now day 56. So if the postman doesn't deliver a NTK today they have messed up big style..right ?
    Pmogger
    • Umkomaas
    • By Umkomaas 19th Apr 17, 9:20 AM
    • 12,163 Posts
    • 18,575 Thanks
    Umkomaas
    • #7
    • 19th Apr 17, 9:20 AM
    • #7
    • 19th Apr 17, 9:20 AM
    Thanks for the replies
    I've checked my dates and I received the rejection email on day 54 after the windscreen PCN . Nothing in the post yet and it's now day 56. So if the postman doesn't deliver a NTK today they have messed up big style..right ?
    Originally posted by Pmogger
    That would apppear 'right'. Count the days (including weekends) with the parking event date as day 0, so the day following is day 1 ........

    But there will be many other points you will raise in your POPLA appeal, but 'no keeper liability' should be the slam-dunker, provided you have not identified the driver.
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
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