PPC - NGP Cardiff - on what basis to appeal?

[Deleted User]

Coupon-mad wrote: »

Yep, a non-compliant Notice to Keeper, which is handy for you.

- No 'period of parking'

- No identification of the creditor

- No warning to the keeper about how they will become liable if they don't take action

Google 'schedule 4 Protection Freedoms' and read the actual ACT, paragraph 9

[/I]

Very interesting read that is LOL.

[Deleted User]

Coupon-mad wrote: »

- No warning to the keeper about how they will become liable if they don't take action

Doesnt the bit of the front page where they mention taking further action to recover the debt etc cover this?

Coupon-mad

Nope, read what a NTK 'must' include:

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

paragraph 9. I wasn't telling you to read the whole Act!

Simple to create a proper version (you or I could create one in a few hours, job done I suspect!) but PPCs omit loads of it, as here, means there is no registered keeper liability established as the PPC has failed to properly serve a POFA-compliant NTK.

[Deleted User]

Coupon-mad wrote: »

Nope, read what a NTK 'must' include:

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

paragraph 9. I wasn't telling you to read the whole Act!

Simple to create a proper version (you or I could create one in a few hours, job done I suspect!) but PPCs omit loads of it, as here, means there is no registered keeper liability established as the PPC has failed to properly serve a POFA-compliant NTK.

Cheers. Sorry I wasnt being sarcastic LOL. It was interesting to see what the PPC hadnt added as you pointed out.

[Deleted User]

OK. So sent the appeal off yesterday (and emailed them a copy too).

According to the original PCN it said I had 29 days to appeal so I'm well within this.

This morning - had scary final reminder etc etc telling me that I'm outside of the appeal deadline and appeals should be made within 14 days of issue of the PCN. How can they change from one letter to another?

Bunch of scummers.

Anyway, original PCN already posted. Heres back of final reminder showing the bit about appeals.

http://i920.photobucket.com/albums/ad50/paulfoel/Scan_Doc0007.jpg

Coupon-mad

Nice evidence there of misleading appeal deadline information on a Notice, that you can add to your POPLA appeal in due course.

[Deleted User]

Coupon-mad wrote: »

Nice evidence there of misleading appeal deadline information on a Notice, that you can add to your POPLA appeal in due course.

Even their web site says 29 days to appeal. But I think they 'accidentally on purpose' like to send out this scary letter after 14 days to try and scare people into thinking they can no longer appeal, have forgotten to pay early, and are now in real trouble so better pay up or else lol.

[Deleted User]

Well have had my appeal turned down.

They ignored all my requests for information.

Basically, they've said:-

1. We don't need to charge VAT we've got our VAT no on the bottom.
2. We are not claiming damages - its a tariff.
3. The signs clearly display that you need a disabled badge to park in a disabled space so tough luck.
4. Pay up (kindly given me a discount for another 14 days) or appeal to POPLA.

nigelbb

[quote=[Deleted User];63850666]1. We don't need to charge VAT we've got our VAT no on the bottom.
2. We are not claiming damages - its a tariff.[/QUOTE]
One or other of these statements must be untrue.

Guys_Dad

[quote=[Deleted User];63850666]Well have had my appeal turned down.

They ignored all my requests for information.

Basically, they've said:-

1. We don't need to charge VAT we've got our VAT no on the bottom.
2. We are not claiming damages - its a tariff.
3. The signs clearly display that you need a disabled badge to park in a disabled space so tough luck.
4. Pay up (kindly given me a discount for another 14 days) or appeal to POPLA.[/QUOTE]

Did they send the POPLA code? If so, then read some POPLA appeal threads. Try here as a first step https://forums.moneysavingexpert.com/discussion/4816165

If not reply as follows

Dear sirs,

Ref xxxxxxxx

I have studied your reply to my appeal against the above parking charge.

It has been a hard choice and I have tossed and turned over what option to take. Do I pay you an excessive charge for a slight overstay which would be covered by Equality Act exemption in any court, or do I take your kind offer to go to POPLA for an independent adjudication that will inevitably major on your "genuine pre-estimate of loss" which, as you are aware, is currently not good news for Private Parking companies.

Very tough choice but after much soul searching, I have decided to choose the latter option and look forward to receiving a POPLA code by return.

No more to say, so POPLA it is.

Yours faithfully,



J Smith

Keeper