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Parking Charge Notice

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  • For this appeal I would appeal it as if you knew nothing about this and so keep it innocent.

    Personally I'd just go for something like the permit dropped or something
    This will give you the best chance of getting the iac code. Then we can put together a good strong appeal that covers all basis and see how the iac play it
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    For this appeal I would appeal it as if you knew nothing about this and so keep it innocent.

    Personally I'd just go for something like the permit dropped or something
    This will give you the best chance of getting the iac code. Then we can put together a good strong appeal that covers all basis and see how the iac play it
    This is a bit of a newbie question, but if you lie to get the code (e.g. the permit dropped) could they not ask to see the permit? Which if you do not have one would give them valid grounds to deny the appeal and possibly even accuse you of attempting to mislead them?
  • I am just giving an example.
    Keep it like Joe bloggs with no knowledge would give it.

    Oh and don't credit the parking companies with to much intelligence!!
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • kazire
    kazire Posts: 472 Forumite
    Part of the Furniture Combo Breaker
    edited 19 December 2013 at 5:52PM
    so the car does have a valid permit which i am able to show and prove that is payed for every month.

    could i appeal on the basis of no loss of cost as i was entitled to park there.

    Don't they take pictures? do they take pictures of all sides of the car? could i say it was placed in the side window or something if they don't have the pictures
  • Don't worry about pictures.
    Just appeal to the ppc on the permit basis and go from there
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • Umkomaas
    Umkomaas Posts: 43,379 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Guys_Dad wrote: »
    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

    But aren't they implying RK liability within their NtK - as in their 'WARNING' under the black banner 'The amount of £100 is now payable'?

    And if they are not pursuing under PoFA then surely 'IGNORE' comes back into play as they can only chase the driver?
    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
  • I dont see point in ignoring as we have chance to test the new iac appeals system.
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • Umkomaas
    Umkomaas Posts: 43,379 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I dont see point in ignoring as we have chance to test the new iac appeals system.

    I agree KIFL, it was more of a rhetorical question than one specific to this case.

    Would be very interested to see the IAC tested.
    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
  • Initial thoughts are:

    Regarding notice:

    a) No discount for early payment offered- breach of COP
    b) Scales of Justice logo (a licenced copyright) and Enforcement are used to mislead authority.
    c) Notice to keeper does not mention POFA so is out of that scope for delivery.

    Regarding company:

    http://www.parkingenforcementagency.org/faq.html#2

    Q&A sections are interesting: (including a lot of spiel for onstreet parking) and:
    do not offer grace periods (breach of their COP)

    Shareholder equity in negative balance:

    http://companycheck.co.uk/director/909126327/ANDREW--FITTON/group-structure#shareholders

    And Finally according to Portsmouth Health Trust Carillion Plc hold the contract for car parking services:

    http://www.porthosp.nhs.uk/find-us/car-parking.html

    ***********************

    @Kazire - can you get photographs of the signs for parking at hospital and upload?


    sent pm message also for urgent attention!
    *********************
  • 4cr but by doing anything other then a normal appeal we are loosing an early chance to test the IAC....
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
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