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NTK received, appeal sent, advised appeal not acceptable?!

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Flosmum_2
Flosmum_2 Posts: 70 Forumite
edited 30 April 2014 at 8:50PM in Parking tickets, fines & parking
Apologies to post a new thread - have been unable to find this in stickies

I recently asked for advice around a PCN and this was cancelled after using the template coupon-mad kindly put in stickies

My husband has now had one - he parked and paid in a car park where the sign said 'open 7 days 24/7'. The price was £2 (no other option) which he paid. Ticket printed saying expiry 11:59pm however sign said 24/7 and there were no other price/payment options

He waited for NTK and has used the same template stating not genuine estimate of loss, signage does not comply however they have come back saying:
'We cannot accept your letter on the basis you gave not addressed the parking contravention 'parked after expiry of paid time' and 'you will need to appeal provinging more pertinent info'
So they are saying appeal with more info

Has anyone had this before? Should I expand on the non compliant signage but make sure I steer clear of mentioning driver name?!

Any advice very much appreciated

Thanks

Comments

  • Redx
    Redx Posts: 38,084 Forumite
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    never reveal a drivers details unless its a leased car or company car etc , or if resetting the clock so you can appeal

    without you mentioning the PPC its hard to be more informative , BUT if they are a member of the BPA they should have issued a popla code if rejecting the appeal

    there is no legal requirement to name the driver

    as this is a different case, you were correct in starting a new thread
  • Umkomaas
    Umkomaas Posts: 41,350 Forumite
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    Who is the PPC please? It will help us to give more targeted advice.
    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
  • Aaron_Aadvark
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    You have appealed and should be given a POPLA code or have the ticked cancelled. Complain to Steve.C@britishparking.co.uk and david.dunford@dvla.gsi.gov.uk that you have not received a response to your appeal as is required.

    [edit: if BPA Ltd member]
    Je suis Charlie
  • Flosmum_2
    Flosmum_2 Posts: 70 Forumite
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    Thanks all
    PPC is total car parks. The strange thing is they haven't said they are not accepting the appeal. They have said they need more info to consider it. They've also confirmed they are members of BPA. I think they have confused me by not just overturning or rejecting and I don't want to go back waffling. Do you think a response such as this would be ok?

    To clarify, as registered keeper, I set out the reasons for appeal in my original email. These are:
    1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
    2) Your signage does not comply with your ATA Code of Practice and was not sufficiently prominent to create any contract. The copy of the sign i included in the appeal clearly states open 24hrs/7 days a week
    3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

    If you choose to reject this appeal, please ensure you provide a POPLA code

    Or is this too high level and should I explain the signage was not clear as it stated 24/7 but didn't provide details on how to pay for this?!

    Thanks again I do appreciate peoples time replying
  • Redx
    Redx Posts: 38,084 Forumite
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    so they are stalling then ?

    as they are in the BPA (listed on the BPA website) , your appeal above is good enough

    ie:- put up or shut up
  • Flosmum_2
    Flosmum_2 Posts: 70 Forumite
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    Redx wrote: »
    so they are stalling then ?

    as they are in the BPA (listed on the BPA website) , your appeal above is good enough

    ie:- put up or shut up

    Yes I thought stalling, or trying to get me to expand and put my foot in it!
    Thank you :-)
  • Coupon-mad
    Coupon-mad Posts: 131,721 Forumite
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    Flosmum wrote: »
    Thanks all
    PPC is total car parks. The strange thing is they haven't said they are not accepting the appeal. They have said they need more info to consider it.
    http://parking-prankster.blogspot.co.uk/2014/01/british-parking-association-limited.html

    http://forums.moneysavingexpert.com/showthread.php?p=64401866#post64401866

    Quote that at them. And report them to the BPA and DVLA by email (addies are in post #6 of the NEWBIES thread).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
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    Simple extremely short email or letter.

    Dear PPC,

    You have my appeal. Cancel ticket or issue POPLA code.

    Both BP and DVLA have been notified of your failure to comply.

    Yours faithfully.
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