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Appealing NTK by PE

24

Comments

  • Umkomaas
    Umkomaas Posts: 43,772 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    raptor wrote: »

    EDIT: I’ve got picture of the car park but can’t upload them as I’m a newbie

    Here you go - as per PM.

    http://tinypic.com/view.php?pic=28tv6o&s=5#.Us5IGX8gGSM
    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
  • ampersand
    ampersand Posts: 9,691 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 9 January 2014 at 2:24PM
    bod1467 wrote: »
    ... and getting a (free) certificate of posting from the PO. No need to send recorded/registered - in fact it is better NOT to do so as PPCs have a habit of not signing for them, so the appeal would not be received.
    ##########
    Good morning bod[et bonne anniversaire demain;)]

    I'm interested in this view. Please do not judge this as a hi-jack raptor:).
    All my emails to the correct arkingpoie oniline addy are returned thus:
    1 attachment (60.0 KB)
    Download RE Welcome Break website enquiry - Parking.eml (60.0 KB)
    RE Welcome Break website enquiry - Parking.emlDownload
    Download as zip
    ** Action required - your e-mail has NOT been processed **

    Thank you for contacting ParkingEye.

    Please be aware we have recently upgraded our Appeals process to allow submission of Appeals via our Web Site. Please submit appeals using: http://www.parkingeye.co.uk/Appeal

    If you cannot use the web form, then please send a written appeal to:
    Appeals,
    PO Box 565,
    Chorley,
    PR6 6HT.

    Alternatively, to make a debit/credit card payment please telephone 0844 247 2981 or online at https://payments.parkingeye.co.uk

    Once again, please note that your e-mail will not be processed.

    Thank you
    ParkingEye Appeals Team
    '

    Sending anything to that online ref simply produces the same again.
    I therefore sent RD letters again yesterday. I have been refused POPLA codes for over a month now.
    #######
    CAP[UK]for FREE EXPERT DEBT &BUDGET HELP:
    01274 760721, freephone0800 328 0006
    'People don't want much. They want: "Someone to love, somewhere to live, somewhere to work and something to hope for."
    Norman Kirk, NZLP- Prime Minister, 1972
    ***JE SUIS CHARLIE***
    'It is difficult to free fools from the chains they revere' François-Marie AROUET


  • bod1467
    bod1467 Posts: 15,214 Forumite
    The problem is, if they don't sign for RD letters then you have no proof of the letters being received if/when any court action occurs. Indeed you have proof they HAVEN'T been received.

    With a free certificate of posting the item is deemed delivered (served, so received) 2 days after posting (for 1st class) irrespective of whether it was or not. (Interpretations Act 1978 as I recall).
  • ampersand
    ampersand Posts: 9,691 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Should add, RD letters went only because CoP ones have failed to bring any response.
    The addressees are primed to expect them.
    CAP[UK]for FREE EXPERT DEBT &BUDGET HELP:
    01274 760721, freephone0800 328 0006
    'People don't want much. They want: "Someone to love, somewhere to live, somewhere to work and something to hope for."
    Norman Kirk, NZLP- Prime Minister, 1972
    ***JE SUIS CHARLIE***
    'It is difficult to free fools from the chains they revere' François-Marie AROUET


  • Coupon-mad
    Coupon-mad Posts: 155,642 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Why not just use the online appeals page ParkingEye mention in their letters? I did when I wrote an appeal for a friend and got it cancelled in a few days. We know they haven't accepted emails for months and although it's in the BPA CoP, no-one at the BPA cares - and after all, I expect PE would say they do have an online webpage for people to submit stuff to them.
    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
  • ampersand
    ampersand Posts: 9,691 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Thanks c-m,
    That's how I began, but nothing ever went through. All submissions returned with em shown in blue. Started letters because of that.
    CAP[UK]for FREE EXPERT DEBT &BUDGET HELP:
    01274 760721, freephone0800 328 0006
    'People don't want much. They want: "Someone to love, somewhere to live, somewhere to work and something to hope for."
    Norman Kirk, NZLP- Prime Minister, 1972
    ***JE SUIS CHARLIE***
    'It is difficult to free fools from the chains they revere' François-Marie AROUET


  • android26
    android26 Posts: 97 Forumite
    Umkomaas wrote: »
    If it's the one that starts 'Without prejudice, save as to costs', followed by a list of questions for the PPC, forget it. It's too long, it can be misconstrued as not constituting an appeal, ...

    Thankfully you followed your "obligations set out in the current Practice Direction on Pre-Action Conduct" in your response. :D
  • raptor
    raptor Posts: 13 Forumite
    I am submitting RedX's version but with this added point:

    4) The alleged offence occurred at night during which the signage is very difficult to see due to no lightning being present. There is also no obvious signage to display the fact that the car-park is 24 hours, 7 days a week as many car parks would not be operating on a Sunday at 7pm when the charge was issued.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    its lighting , not lightning !! lol

    I suppose there may have been no lightning as well , lol that would not have helped either ;)
  • raptor
    raptor Posts: 13 Forumite
    Redx wrote: »
    its lighting , not lightning !! lol

    I suppose there may have been no lightning as well , lol that would not have helped either ;)

    LOL. thanks mate :)
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