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  • FIRST POST
    • surveyor_101
    • By surveyor_101 12th Jun 17, 11:09 AM
    • 132Posts
    • 116Thanks
    surveyor_101
    Ce pcn 237-259 greenwich rd london
    • #1
    • 12th Jun 17, 11:09 AM
    Ce pcn 237-259 greenwich rd london 12th Jun 17 at 11:09 AM
    Weird brown letter no details of why in breach other than payment not made as per sign terms.

    12/04/17 was the date off incident

    8/6 is date of issue, no photos.

    Standard BPA response and note out of 14 days?
Page 1
    • Umkomaas
    • By Umkomaas 12th Jun 17, 11:19 AM
    • 15,490 Posts
    • 24,201 Thanks
    Umkomaas
    • #2
    • 12th Jun 17, 11:19 AM
    • #2
    • 12th Jun 17, 11:19 AM
    Private or council parking ticket?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • surveyor_101
    • By surveyor_101 12th Jun 17, 11:38 AM
    • 132 Posts
    • 116 Thanks
    surveyor_101
    • #3
    • 12th Jun 17, 11:38 AM
    • #3
    • 12th Jun 17, 11:38 AM
    Penalty Charge Notice Civil Enforcement limited.

    Members of BPA think private.
    • surveyor_101
    • By surveyor_101 12th Jun 17, 11:40 AM
    • 132 Posts
    • 116 Thanks
    surveyor_101
    • #4
    • 12th Jun 17, 11:40 AM
    • #4
    • 12th Jun 17, 11:40 AM
    Looking on streetview its a private P&D with a sainsbury local and some other shops

    only there 28 mins.

    Not me a staff member
    • IamEmanresu
    • By IamEmanresu 12th Jun 17, 11:42 AM
    • 1,689 Posts
    • 3,087 Thanks
    IamEmanresu
    • #5
    • 12th Jun 17, 11:42 AM
    • #5
    • 12th Jun 17, 11:42 AM
    Edit:

    They issue claims for this location in about 12 months time so as well as appealing, get them to send the pics. Ask first but if none forthcoming, complain to the DVLA that they have no pics on file in breach of the arrangements with the DVLA.

    Check this thread too

    http://forums.pepipoo.com/index.php?showtopic=113186
    Last edited by IamEmanresu; 12-06-2017 at 11:48 AM.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • surveyor_101
    • By surveyor_101 12th Jun 17, 11:50 AM
    • 132 Posts
    • 116 Thanks
    surveyor_101
    • #6
    • 12th Jun 17, 11:50 AM
    • #6
    • 12th Jun 17, 11:50 AM
    You saying they go legal?
    • surveyor_101
    • By surveyor_101 12th Jun 17, 11:56 AM
    • 132 Posts
    • 116 Thanks
    surveyor_101
    • #7
    • 12th Jun 17, 11:56 AM
    • #7
    • 12th Jun 17, 11:56 AM
    Dear Sir/Madam

    Re: PCN No. XXX

    I am appealing as the keeper and ONLY Schedule 4 of the POFA (or evidence of who was driving) can cause a keeper appellant to be deemed to be the liable party.
    The PCN makes no attempt to pass liability to the keeper after 28 days. A vehicle can be driven by any person (with the consent of the owner) as long as the driver is insured.

    There is no dispute that the driver was entitled to drive the car and I can confirm that they were, but I am exercising my right not to name that person.
    As the keeper of the vehicle, it is my right to choose not to name the driver, yet still not be lawfully held liable if an operator is not using or complying with Schedule 4.

    This exact finding was made in 6061796103 against ParkingEye in September 2016, where POPLA Assessor Carly Law found:
    ''I note the operator advises that it is not attempting to transfer the liability for the charge using the Protection of Freedoms Act 2012 and so in mind,
    the operator continues to hold the driver responsible. As such, I must first consider whether I am confident that I know who the driver is, based on the evidence received.
    After considering the evidence, I am unable to confirm that the appellant is in fact the driver.
    As such, I must allow the appeal on the basis that the operator has failed to demonstrate that the appellant is the driver and therefore liable for the charge.
    As I am allowing the appeal on this basis, I do not need to consider the other grounds of appeal raised by the appellant. Accordingly, I must allow this appeal.''

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA.

    You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully
    • Coupon-mad
    • By Coupon-mad 12th Jun 17, 8:29 PM
    • 51,504 Posts
    • 65,106 Thanks
    Coupon-mad
    • #8
    • 12th Jun 17, 8:29 PM
    • #8
    • 12th Jun 17, 8:29 PM
    You saying they go legal?
    Originally posted by surveyor_101
    LOL, CEL wouldn't know how...but they do start claims, hoping to pick off some default CCJs.

    Luckily, they run away with their tail between their legs when faced with a forum defence (if at claim stage) or a forum appeal, like the one you have written there. Easy one.

    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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