PCN ANPR but paid for ticket

spiny999

Have read the newbies thread, very helpful, and all credit to those who have obviously put so much into this, thank you.

Girlfirend has received a PCN for parking in Albert St Birmingham open air car park.
She definately paid, and left within her two hour paid time slot.
We can only assume she put a partial or incorrect index into machine, as she has received a PCN notice to keeper.
She no longer has the ticket as has since cleaned car out.

She says she should pay as its her fault etc, and she has enough on her plate without having to deal with the letters she will receive from PPC.

I on the other hand dont see why she should pay, and wish to take this on, and soft appeal to the PPC who are vehicle control services ltd ( VCS ) and I anticipate a POPLA appeal.

The appeal section of the notice says she needs to name the driver or the driver needs to sign a written statement saying I can appeal on her behalf.

I really dont want her to be getting the letters to her address as the keeper, as I know she will eventually get scared by them, fold and pay.
How can i get everything sent to my address and act as her agent, without putting myself up as the driver?


Promise I will keep you updated,

Many thanks

bod1467

Just send the appeal from the NEWBIES thread. You can even send it on her behalf (in her name - no signature required) if she's happy for you to take control.

But if you're insured to drive her car then respond to the NtK (as her, on her behalf) to name yourself as the driver. Then YOU appeal as per the NEWBIES thread.

spiny999

seem to recall seeing something that says its all easier and more options are open if the driver remains un-named. Although I have read so much I might have dreamed that!

spiny999

One thing I cant work out, if I go down the soft ppc appeal, then POPLA and lose, do I just pay the original charge? sorry if that sounds stupid!

Stroma

You won't lose at Popla if you follow our advice, we win 100% of the time with forum assisted appeals to them. Just send the appeal wording in post #1 of the sticky thread to get that popla verification code if they reject.

Ensure you send it via post with a free proof of postage from the post office, and online if they accept that way.

spiny999

Stroma Many thanks, just what I wanted to hear, just been and photgraphed the signage and it all refers to enforcement by excel and not VCS. Quick google shows them to be owned by the same person, and assume that can also be used in the appeal. Should I mention that in the soft appeal or leave that for the popla? or is it irrelevant?

spiny999

Stroma wrote: »

You won't lose at Popla if you follow our advice, we win 100% of the time with forum assisted appeals to them. Just send the appeal wording in post #1 of the sticky thread to get that popla verification code if they reject.

Ensure you send it via post with a free proof of postage from the post office, and online if they accept that way.

Couple of things before I crack on,

• It gives me the option of appeal to VCS by email is this sufficient or should I go belt and braces with an identical letter to?
  
  Should I mention the signage in the appeal to VCS as now looking at photos all signage relates to excel administering the parking

Thanks

ColliesCarer

Mmmmmm interesting one - Do you tell them now or wait to make a fool of them at POPLA? I know which I'd choose but .......

If you say nothing now - IMO you'd definitely have a slam dunk for a POPLA win.

If you tell them quite explicitly now they may cancel when they realize the error, try to press on regardless anyway or I suppose there's a possibility they may try re-issue the PCN from Excel and whilst that would be out of time for them to claim keeper liability - you would be back to square one and still have to appeal it again to get them off your back.

Although they are sister companies they are separate legal entities with different company registration numbers and are listed separately on the BPA operators list.

If the signage on site says Excel are the operators then in my view it's Excel you should have received the PCN from because presumably Excel are the agents the landowner has the contract with and they are the only company the driver could possibly have entered into an alleged contract with and not VCS. Also Excel do send out PCNs themselves, so it's not like VCS do their back office function.

Appeal points 2) and 3) do already cover this as the signage wouldn't create a contract with the driver and they don't have any legal standing as VCS aren't even the agents so I'd love to see them produce a contract at the POPLA stage. And if they checked your 1st appeal points properly they would have the chance to pick up on the error and cancel.

If you want to raise it subtlely you could amend the existing points to something like

2) The signage at the location does not comply with the BPA Code of Practice and was neither sufficiently prominent nor accurate to create any contract with VCS
3) You are neither the landowner nor agent and do not have the standing to offer contracts nor to bring a claim for trespass at the location in question

But see what others think

Stroma

The signage is worthy of complaint both to the bpa and dvla, ask them both how Excel who manages the site has passed your details onto a completely separate third party parking company. And you are being chased by this company that you have absolutely no knowledge of.

These may be owned by the same person, but they are separate legal entities, and they cannot mix and match stuff. Don't let know that you know anything about the connection between them.

spiny999

soft appeal sent, have added the couple of lines suggested by colliecarer. Guessing it wont make much difference and they will reject anyway.
Will come back to you all for further advice when I hear.

spiny999

Just received the standard automated reply, demanding name of driver etc, charge will go up if I fail to reply etc.

It does say they won't consider my appeal if they don't receive these things.

Take it I just ignore this and wait for a letter. At least its an acknowledgement they've received it.