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  • Just to clarify Coupon-mad - if I just write to them and point out that their NTK isn't valid (rather than raising the other points as well), are they likely to cancel the charge, or is it a point that's guaranteed to 'win' at the POPLA stage?

    I'm just after the most painless way to get this from over my head :)
  • Umkomaas
    Umkomaas Posts: 44,408 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You could hit them over the head with a lump hammer, they won't cancel the charge. The quickest fix is via POPLA and you must go through the full process with POPLA to have the greatest chance of success.

    Look at Guys Dad's excellent thread about developing a full POPLA appeal here:

    https://forums.moneysavingexpert.com/discussion/4816165
    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
  • Coupon-mad
    Coupon-mad Posts: 161,530 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just to clarify Coupon-mad - if I just write to them and point out that their NTK isn't valid (rather than raising the other points as well), are they likely to cancel the charge, or is it a point that's guaranteed to 'win' at the POPLA stage?

    I'm just after the most painless way to get this from over my head :)


    Raise all the points if you like, you never know they may cancel before POPLA. Only write as the registered keeper, talking about 'the driver' in the third person only.

    If you do get a POPLA code then 'how to win at POPLA' is in the sticky threads 'newbies...read this now!' and there are a few sure-fire winners that will out-smart Smart!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    The thing is this, the PPC is a business and is in it for the money. They all look at the forum and must be aware of the current spanking they are getting at POPLA.

    If you put up a decent skeleton of your defence at the appeal stage to some, but not all PPCs, they may fold to save the POPLA £27 fee and the effort of putting in a defence if know you are banking on GPEOL, aided by a forum. After all, they have lots of other people who don't know this site or others and will just pay up without any aggro.

    This is NOT the stance that I would ever have recommended 6 months ago. Back then, it was soft appeal and win at POPLA and I still think that is right for those who are confident enough and want to put the PPC to inconvenience and cost.

    But things change, and we are seeing some PPCs folding at initial appeal stage and I just wonder if it is based on knowing they are in trouble at POPLA with the show me your contract and GPEOL points.

    So, your choice really. Fire off a really detailed challenge and see if they are sensible enough to back off now or do a soft appeal, get a POPLA code, cost them money and with a great POPLA appeal, get your case on our POPLA DECISIONs sticky thread with yet another win.
  • Many thanks both; I think I'll go with the "putting them to as much trouble as possible" route via proof of contract and GPEOL options - give em enough rope...
    Once they've done the legwork (if they choose to), I'll get them on the technicalities. Double checked the other day - the van containing the loitering ticketer is unmarked apart from a phone number too...
    "vehicles engaged in parking enforcement, such as
    ANPR vehicles, are marked clearly with appropriate
    livery or your business name, so that members of the
    public can see that you are the operator". Well, they weren't using APNR, but the gonk was sat in it!
  • And I forgot to mention - no response whatsoever to my letter to the retailer. They will be named and shamed here and facebook once this is sorted.
  • Half_way
    Half_way Posts: 7,713 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    And I forgot to mention - no response whatsoever to my letter to the retailer. They will be named and shamed here and facebook once this is sorted.

    Are you logging all the time your spending on this as well as your genuine expenses? if/when this gets overturned at popla in theory you could hold the retailer and the parking company liable for your losses.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Over 14 days after sending my challenge to the NTK, they've taken the unusual step of completely ignoring me - no acknowledgement, no nothing.

    Was thinking of giving it a few more days then demanding confirmation that the charge is cancelled, as they've almost run out of guidelines to break.

    What do you more experienced chaps reckon?
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    They have 35 days to respond to you
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    edited 7 December 2013 at 7:09PM
    Only if there are ‘exceptional circumstances’ - any idea what the definition of those is?
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