Help needed. Think I'm being scammed...

nigelbb

bod1467 wrote: »

Where a NtD (notice to driver - windscreen ticket) is issued, the NtK must be furnished no sooner than 29 days after the NtD and no later than 56 days after the NtD. (I think).

The law (Schedule 4 of POFA 2012) states:-

(5) The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

So if you got a ticket yesterday (22nd October) today is Day 1 so if my maths is right the NTK must be delivered between 19th November (Day 28) and 17th December (Day 56). That's delivered not just posted or dated.

The British Parking Association Ltd helpfully provide a copy of the relevant parts of POFA 2012 in Appendix C of their Code of Practice.

Also check out Appendix B for the mandatory entrance signage (which I know from personal observation is totally absent from that particular car park)
http://www.britishparking.co.uk/write/Documents/AOS/AOS_CoP_June_2013_update.pdf

dancingsammyt

Ok thank you. The one thing that's worrying me in all this is that I have literally no evidence - there is only our word against the barman's word when it comes to the fact he refused to serve us.

bod1467

In all fairness, that's not even a worry. That part of the story won't come anywhere near the "defence".

dancingsammyt

So what is the defence then? Now I'm even more confused!!

dancingsammyt

Is it worth me getting a photo of the entrance to the car park?

martmonk

dancingsammyt wrote: »

Ok thank you. The one thing that's worrying me in all this is that I have literally no evidence - there is only our word against the barman's word when it comes to the fact he refused to serve us.

worry not, it's irrelevant. Please read some of the other threads so you get a feel for the 'real' issues and the points you can and should raise when the time comes.

That time is after receiving NtK.

Folkiedave

You are taking this far too seriously and seemingly not taking too much notice of those trying to help you.

First of all you don't owe a penny.

The reason you don't owe any money is because private individuals or companies cannot fine people. There are ways of dealing with it and you will not have to pay a penny.

So as you have been told and I will tell you again - this is a normal everyday case of which the people on here deal with dozens.

You need to read around this and other forums. Try reading here:
http://www.parkingcowboys.co.uk and then the various stickies at the top of the page. See the cases that have been won at POPLA and today even - in court.

In the meantime between now and November 19th do your reading homework you have been given and draft an appeal to POPLA ready for when your Notice to Keeper arrives.

The answer to your final question - is No Contract and GPEOL. I know you don't understand them now - learn them by November 19th.

Make sure you understand what they mean and base your draft appeal on them. Then you will cost the scammer £27.00+VAT and the British Parking Association Ltd even more.

That I would have thought is satisfaction enough. And that is for EACH of the tickets!!

dancingsammyt

Ok...sorry for coming across as a bit dim or not taking notice. Basically I know that my husband is going to come home from work and say "so what's happening with the ticket" and I'll say "oh it's ok, the people on the forum know what to do" and then he'll say "good, so what's happening" and will want me to explain the entire process, hence me wanting to know it all. I know that telling him only the first step in the process isn't going to appease him, he's one of these people who likes to understand every single thing!

Sorry all and thank you so much for your help.

dancingsammyt

Oh...just one more question, how likely is this to go to court? At £250 per day plus agency fees, our school is not going to be impressed if they have to pay for supply teachers to cover us while we all go!!

bod1467

It won't go to court - at all. The process is this ...

NtD issued - Ignore

NtK issued - Appeal to the private parking company (PPC) on a soft basis (inadequate and/or non-compliant signage, no contract ... come here after you receive the NtK and we'll help)

PPC rejects appeal (they almost always do) - PPC issues (or should) a POPLA code with the rejection - Come back here and we'll help you draft the POPLA appeal which you WILL WIN.

That ends the story basically - if the PPC loses at POPLA then there's nowhere else for them to go.

Note: regardless of the POPLA decision, it is ONLY binding on the PPC and not on you. Even if the PPC won (which they won't) they would still need to take court action to force you to pay.