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Parking Charge Notice

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  • kazire
    kazire Posts: 472 Forumite
    Part of the Furniture Combo Breaker
    edited 22 January 2014 at 11:04AM
    Hope these pics work hope these cn help u guy guide me further sorry it's taken so long
  • bod1467
    bod1467 Posts: 15,214 Forumite
    edited 19 December 2013 at 10:30AM
    Edit your first pic to blur out your name. ;)

    At least I see now from whence your forum name comes. :)

    Edit: For posterity - the 3rd pic was originally the 1st pic, and is now edited. :)
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    DO NOT IN ANY OF THE ABOVE CORRESPONDENCE GIVE ANY INFORMATION ABOUT WHO MIGHT OR MIGHT NOT HAVE BEEN THE DRIVER.

    I think that he has more or less admitted that he was the driver
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 43,369 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The_Deep wrote: »
    DO NOT IN ANY OF THE ABOVE CORRESPONDENCE GIVE ANY INFORMATION ABOUT WHO MIGHT OR MIGHT NOT HAVE BEEN THE DRIVER.

    I think that he has more or less admitted that he was the driver

    Where? And to whom?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    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.

    Private Parking Firms - Killing the High Street
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Post 1, para 2, line 3.
    You never know how far you can go until you go too far.
  • kazire
    kazire Posts: 472 Forumite
    Part of the Furniture Combo Breaker
    well thats why I'm on this forum asking for help but i have not yet engaged in any correspondence with the parking company as of yet so have
  • Umkomaas
    Umkomaas Posts: 43,369 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The_Deep wrote: »
    Post 1, para 2, line 3.

    But that's not to the DVLA or the PPC, which were the 'correspondents' I was referring to.

    @kazire - you do need to get that complaint off to the DVLA - and especially ask them the date on which your details were requested.

    As this is a new twist with this PPC being part of the new IPC regime, I'd like other regulars to post some thoughts on how we advise you to proceed with a complaint to the IPC (as opposed to the BPA).

    To my knowledge, this will be a 'first', although in many respects same old, same old.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    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.

    Private Parking Firms - Killing the High Street
  • kazire
    kazire Posts: 472 Forumite
    Part of the Furniture Combo Breaker
    edited 19 December 2013 at 11:33AM
    Umkomaas wrote: »
    But that's not to the DVLA or the PPC, which were the 'correspondents' I was referring to.

    @kazire - you do need to get that complaint off to the DVLA - and especially ask them the date on which your details were requested.

    As this is a new twist with this PPC being part of the new IPC regime, I'd like other regulars to post some thoughts on how we advise you to proceed with a complaint to the IPC (as opposed to the BPA).

    To my knowledge, this will be a 'first', although in many respects same old, same old.

    I have requested the details from the DVLA of when the cars details have been requested by the company. - am awaiting a response

    I am really grateful for everyones help! Im not great with things like this.

    So we use the legislation/code set by POFA is this right?
    and that POPLA only Applies to BPA & this does not apply to this case

    The company we will be appealing against will be a Member of the IPC who's appeal service is the Independent Parking Committee

    So the point we will be appealing is the NTK was sent after the 56days set by the POFA

    is this the only thing or is there anything else we could/should try and include?

    it just really annoys me i pay for a permit and i was dumb to forget to put it in the window but the worst of it is, the cost of the initial fine outweighs the amount i earn in a shift looking after really sick people
  • Umkomaas
    Umkomaas Posts: 43,369 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    kazire wrote: »
    I have requested the details from the DVLA of when the cars details have been requested by the company. - am awaiting a response

    I am really grateful for everyones help! Im not great with things like this.

    So we use the legislation/code set by POFA is this right?
    and that POPLA only Applies to BPA & this does not apply to this case

    The company we will be appealing against will be a Member of the IPC who's appeal service is the Independent Parking Committee

    So the point we will be appealing is the NTK was sent after the 56days set by the POFA

    is this the only thing or is there anything else we could/should try and include?

    it just really annoys me i pay for a permit and i was dumb to forget to put it in the window but the worst of it is, the cost of the initial fine outweighs the amount i earn in a shift looking after really sick people

    Yep, you've got it nicely summarised there. Whilst POPLA might no longer apply to this PPC, PoFA certainly does, so failure to meet the timescales set out in PoFA will be a major point of appeal, and reason for the charge to be dismissed.

    It's now whether we advise a straightforward appeal to the PPC (alongside the complaint you've sent to the DVLA) or whether you make a complaint to the IPC (as you would to the BPA had this been a BPA operator), and that's what I was hoping other regulars might share their views on.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    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.

    Private Parking Firms - Killing the High Street
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    edited 19 December 2013 at 3:05PM
    What have they said about the appeal process? You need to look here http://www.theipc.info/#!accredited-operator-scheme/c1yws to see if you can spot anything they have done wrong.


    Please also note the IPC appeal process which is a bit different to POPLA.

    The bit you are NOT GOING TO LIKE is this bit from the IPC CoP

    7. Applying for keeper details where keeper liability is not sought.
    7.1 You may still apply for keeper details outside of the provisions of the Protection of Freedoms Act in which case the strict time limits prescribed under schedule 4 of the Act do not apply.
    7.2 Applications for keeper details should generally be made as soon as practicable after the imposition of any charge and in any event within 6 months unless there are exceptional circumstances for not doing so.

    Applications should be made in the prescribed form and accompanied by such information as the DVLA may require. Where applications are not made within 14 days of the parking event that forms the basis of the charge, your reasons should be included with the application. Whether keeper details are provided to you is always a matter for the discretion of the DVLA.

    7.3 Where you have not complied with the terms of PoFA, you must not infer that keeper liability exists
This discussion has been closed.
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