northampton parking management

n11got

hi
i recieved a windscreen ticket of which i waited for the demand threw the post .(private land)
i then appealed this by email using the template provided here on friday 2nd May
i recieved a email this morning 6th May refusing my appeal .
now i have been on popla to check the code and this came back ..
This code was generated 4 day(s) before the date of your appeal rejection letter. This means that you have not been given the full 28 days to appeal that you are entitled to under the British Parking Association's Code of Practice. Please consider making a complaint.

the read receipt i requested with the origional email i sent was also sent back to me today .
obviously there was a bank holiday within this time .
where does this now stand ?
i am trying to sift threw all on this site but am getting a bit cofused . could someone point me in the right direction
thanks

spacey2012

Just start a popla appeal as per the stickie guide templates, you might as well write to the local pizza shop than the BPA, they are just a trade club run by the same people trying to pull the wool with a fake parking ticket.

n11got

hi

just noticed the dates

ticket issued 24.01.14
NTK recieved 25.4.14

does this mean it does not stand now as its over 56 days ?

Coupon-mad

Make sure you use and adapt a template example from 'How to win at POPLA' which is a hyperlink in post #3 of the NEWBIES sticky thread. A late NTK doesn't mean the whole thing is stuffed - just that they have no keeper liability to rely upon (if you've never said who was driving). So pick a template that includes 'late NTK, no keeper liability' there are some examples in the link on the Sticky thread I'm sure as it's a common issue.

n11got

how does this sound ?
Dear POPLA
Address

My Deatils
PCN No.
Issued.
Reg.
Todays Date

I wish to appeal against the PCN notice on the following grounds.

1) The notice to keeper was sent outside the allotted 56 day time frame
screen ticket issued 24.01.14
NTK issued 25.4.14


2) The charge is a penalty and not a genuine pre-estimate of loss'.
In my appeal and for this charge to be justified a full breakdown of the costs Northampton Parking Management has suffered as a result of the car being parked at the car park is required and should add up to £100.00.
Normal expenditure the company incurs to carry on their business (e.g. provision of parking, parking enforcement or signage erection) should not be included in the breakdown, as these operational costs would have been suffered irrespective of the car being parked at that car park.

3) Proprietary Interest
The driver does not believe that Northampton Parking Management has demonstrated a proprietary interest in the land, because they have no legal possession which would give Northampton Parking Management any right to offer parking spaces, let alone allege a contract with third party customers of the lawful owner/occupiers. In addition, Northampton Parking Management lack of title in this land means they have no legal standing to allege trespass or loss, if that is the basis of their charge
The driver believes there is no contract with the landowner/occupier that entitles them to levy these charges and therefore has no authority to issue parking charge notices (PCNs). This being the case, the burden of proof shifts to Northampton Parking Management. The driver expects Northampton Parking Management to prove that they are not in breach of section 7.1 of the BPA code.

4) Popla verification code
Northampton Parking Management included the POPLA verification code within their rejection letter which has not allowed me the full 28 days to appeal in line with British Parking Associations code of practice.

Coupon-mad

Yep that's good enough to win! You have the right points.

I would suggest delete this as I always think there's no point telling the PPC what to say!

''Normal expenditure the company incurs to carry on their business (e.g. provision of parking, parking enforcement or signage erection) should not be included in the breakdown, as these operational costs would have been suffered irrespective of the car being parked at that car park.''


And I would add to the first point about the late NTK: '' POPLA Assessor Matthew Shaw has stated that the validity of a Notice to Keeper is fundamental to establishing liability for a parking charge. Where a Notice is to be relied upon to establish liability it must, as with any statutory provision, comply with the Act. As the Notice was not compliant with the Act, it was not properly issued and as registered keeper I cannot be held liable. ''

n11got

Thanks for all your help Coupon-Mad . i have made the changes you said and have also added the dates of rejection letter and date of code verification generated . if you could be so kind as toi cast your eyes over this once more before i send it that would be great .
i went back to the site today and took a photo of the entrance/exit . there was no signage at entrance , only at far rear of car park .

Dear POPLA
Address

My Deatils
PCN No.
Issued.
Reg.
Todays Date

07.05.14

I wish to appeal against the PCN notice on the following grounds.

1) The notice to keeper was sent outside the allotted 56 day time frame
screen ticket issued 24.01.14
NTK issued 25.4.14
POPLA Assessor Matthew Shaw has stated that the validity of a Notice to Keeper is fundamental to establishing liability for a parking charge. Where a Notice is to be relied upon to establish liability it must, as with any statutory provision, comply with the Act.
As the Notice was not compliant with the Act, it was not properly issued and as registered keeper I cannot be held liable.


2) The charge is a penalty and not a genuine pre-estimate of loss'.
In my appeal and for this charge to be justified a full breakdown of the costs Northampton Parking Management has suffered as a result of the car being parked at the car park is required and should add up to £100.00.

3) Proprietary Interest
The driver does not believe that Northampton Parking Management has demonstrated a proprietary interest in the land, because they have no legal possession which would give Northampton Parking Management any right to offer parking spaces, let alone allege a contract with third party customers of the lawful owner/occupiers. In addition, Northampton Parking Management lack of title in this land means they have no legal standing to allege trespass or loss, if that is the basis of their charge
The driver believes there is no contract with the landowner/occupier that entitles them to levy these charges and therefore has no authority to issue parking charge notices (PCNs). This being the case, the burden of proof shifts to Northampton Parking Management. The driver expects Northampton Parking Management to prove that they are not in breach of section 7.1 of the BPA code.

4) POPLA verification code
Northampton Parking Management included the POPLA verification code within their rejection letter which has not allowed me the full 28 days to appeal in line with British Parking Associations code of practice.
This code was generated 02.05.14 and my rejection letter was received 06.05.14.

5) Lack of BPA compliant signage
The driver entered the car park, the entrance to which had absolutely no signs to indicate that any restrictions applied, as required by the BPA Code of Practice paragraph 18.2 and Appendix B (see photograph attached).

Yours

Coupon-mad

That will do the job!

n11got

Small update .. recieved a letter from debt recovery plus even though they know i have appealed to POPLA in the hope ill just give in and pay ! obviusly this wont be the case lol, ... still waiting for a responce from POPLA ... will let you know what the outcome is as soon as i hear ..

Coupon-mad

Report the PPC to the BPA Ltd for not stopping work on a case that is with POPLA. Every complaint counts and it's a mere email needed with the DRP letter as the attachment and some info about the fact you have a POPLA appeal in.

[EMAIL="steve.c@britishparking.co.uk"]steve.c@britishparking.co.uk[/EMAIL]

Also have the PPC misled you about their name, as I think they are in fact NorthamptonSHIRE Parking Management. Is that not what's on the signage or paperwork?

HTH

n11got

i shall look into this coupon-mad i thought something was a miss .. i will complain for sure .
to add to it , got the email back today , PCN squashed , :beer:

i am not sure how to add a copy of the letter . i have blanked all names ect out . ? . ahh , i cant , im a new user lol

a massive thanks for everyones help .