Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • eugine
    • By eugine 8th Jul 17, 3:03 PM
    • 22Posts
    • 14Thanks
    eugine
    Care Parking Metrolink PCN
    • #1
    • 8th Jul 17, 3:03 PM
    Care Parking Metrolink PCN 8th Jul 17 at 3:03 PM
    Hi,

    Currently on day 26, about to send the appeal to Care Parking for a Metrolink PCN. On their appeal page under "Information Required" it states:

    Should you wish to pursue an appeal against the parking charge notice (PCN), please ensure your appeal contains the following information or we will be unable to process it:

    Your PCN Number
    Your name & full postal address including postcode
    Your vehicle registration number
    The date of contravention
    Any copies of evidence you have to support your appeal
    Your contact telephone number & email address if relevant
    The appeal copy from the newbies thread includes the PCN number and address (of the keeper) but not the vehicle registration or date. Is it okay to leave these out or should I include them?

    Many thanks,
    Eugine
Page 2
    • Redx
    • By Redx 7th Sep 17, 4:17 PM
    • 16,483 Posts
    • 20,637 Thanks
    Redx
    I agree, make them prove it

    but bear in mind you have the other rebuttal points to make too , like the missing NTK, not followed POFA2012 etc

    make them prove each and every point , you dont have to be correct on all of them , but they do because you win if they fail on any single point
    Last edited by Redx; 11-09-2017 at 5:56 PM.
    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
    • eugine
    • By eugine 11th Sep 17, 3:11 PM
    • 22 Posts
    • 14 Thanks
    eugine
    Hi,

    I'm having a difficult time thinking what to put in my rebuttal (not very good at this) and have basically used Redx's comments so far (big thanks). Would appreciate any critique.

    Dear POPLA Assessor,

    PCN Code: ********
    POPLA Code: ********

    I shall respond to the evidence pack provided by Care Parking.

    Care Parking admit that they have not obtained keeper details from the DVLA under their KADOE contract.

    They admit they have not issued an NTK to the keeper which means they have failed to comply with POFA 2012.

    They admit that they have assumed that the keeper and driver are one and the same person.

    They have failed to transfer liability from the driver to the keeper by failing to retrieve the keeper details and send the NTK after day 28 and before day 56.

    In the photo evidence provided, there is no obvious signage that is visible from the vehicle.

    I do not think they have proven that the land is not railway land and is not subject to bylaws.

    The contract with Transport for Greater Manchester does not appear to name the landholder and I don't see any proof of TfGM owning the land. So there is no clear path from Care Parking to the landholder themselves. There is no evidence stating who the actual landholder is.

    Having a rolling contract with TfGM does not mean that they have one with the actual landholder and if TfGM are an agent (3rd party) leasing the land then there must also be one with the landholder themselves.

    If the landholder is Network Rail then bylaws apply and POFA 2012 does not apply. They have not proven who the driver or owner is and they themselves say that they have assumed that the driver and keeper are one and the same person without proving it; POFA 2012 does not allow for assumptions.

    Kind regards,
    eugine
    Last edited by eugine; 11-09-2017 at 3:13 PM.
    • Redx
    • By Redx 11th Sep 17, 5:58 PM
    • 16,483 Posts
    • 20,637 Thanks
    Redx
    seems ok to me, covers most or all the salient points , so give yourself a big pat on the back

    wait for other comments if you can do so, but do not "time out" of the 7 day deadline imposed by popla for the rebuttal

    email the rebuttal to popla before the due date , or sooner

    then sit back and wait for the decision
    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
    • eugine
    • By eugine 11th Sep 17, 6:52 PM
    • 22 Posts
    • 14 Thanks
    eugine
    I received the evidence pack email last week on 5th Sept and it said:

    You have seven days from the date of this correspondence to provide comments on the evidence uploaded by Anchor Security Services.
    Now the stupid question... does that mean the deadline would be midnight tonight?
    • Redx
    • By Redx 11th Sep 17, 7:36 PM
    • 16,483 Posts
    • 20,637 Thanks
    Redx
    could be , so better get it in quickstix
    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
    • eugine
    • By eugine 12th Sep 17, 10:51 AM
    • 22 Posts
    • 14 Thanks
    eugine
    So I submitted the comments to the POPLA portal last night.

    This morning I received an email telling me that a decision has been made and to check the portal.

    So I did and... the appeal was successful!!!

    Here's the "assessor's supporting rational for decision":

    From the evidence the operator has provided, it is evident that the operator is pursuing the appellant as the keeper of the vehicle. As the driver of the vehicle has not been identified, the provisions laid out in the Protection of Freedoms Act 2012 (PoFA 2012) will need to be followed in order to transfer liability from the driver of the vehicle to the keeper of the vehicle. The evidence provided shows that the appellant appealed a notice to driver which was issued to the vehicle on 12 June 2017. Within their appeal, the appellant has indicated they are the keeper of the vehicle. In response to this, the operator has begun to pursue the appellant for the unpaid parking charge. The operator has not provided any evidence to show that a notice to keeper has been issued. As the notice to keeper has not been provided, I am unable to determine whether the parking operator has followed the correct process to allow it to pursue the keeper of the vehicle for the unpaid parking charge. There is no evidence provided to suggest that the operator has made a request for keeper details to the DVLA. As such, I must allow the appeal on the basis that the operator has failed to demonstrate that the appellant is liable for the parking charge. Accordingly, I allow this appeal.
    Thanks everyone for your help! Redx you are an absolute legend, can't thank you enough , Coupon-mad you were absolutely right... it's a straight win with no NTK issued.

    Again thank you, I will post it up in the POPLA decisions thread as soon as I can.

    So happy it's over!!
    • Coupon-mad
    • By Coupon-mad 12th Sep 17, 1:45 PM
    • 51,440 Posts
    • 65,043 Thanks
    Coupon-mad
    As the notice to keeper has not been provided, I am unable to determine whether the parking operator has followed the correct process to allow it to pursue the keeper of the vehicle for the unpaid parking charge.
    Hooray - they are dumb!!
    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.

    • Redx
    • By Redx 12th Sep 17, 3:09 PM
    • 16,483 Posts
    • 20,637 Thanks
    Redx
    well done m8

    just goes to show that 5 years down the line they still cannot follow the correct procedures regarding POFA2012 , they even admitted their errors in their paperwork yet are so stupid and moronic that they keep repeating those errors week after week

    pay peanuts , you get monkeys
    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
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

160Posts Today

2,280Users online

Martin's Twitter
  • I believe I can boldly go where no twitter poll has gone before https://t.co/HA0jC92gAK

  • OK I'm wilting to public pressure and there will be a star trek captain's poll at some point next week

  • I can get that. My order is 1. Picard 2. Janeway 3. Kirk. Too early to say where Lorca will end up (or would you? https://t.co/kawtCOe9RA

  • Follow Martin