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Question for the "Experts"

2»

Comments

  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    Well I went looking for a car park today with a numpty in and nothing! Though Cardigan is a little further for the scammers so I guess they don't infest, not even in the Aldi down here. But Ceredigion Council CEOs are here, I've seen 2 of them in the last 30 mins, so rich pickings for them.
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • trubster
    trubster Posts: 1,116 Forumite
    My appeal sent to Euro Car Parks - Basically copied and pasted with a bit added, lets see if they want to waste ANOTHER 27 pounds.
    An occupant of the vehicle is disabled and is covered by the Equality Act, additional time should have been allowed for special needs. The person does not have a blue badge but IS registered disabled, the blue badge scheme is not relevant to private land. By refusing to allow additional time to disabled persons is a breach of the equality act as you have not made "Reasonable Adjustments" You are aware of the protected characteristics of the vehicles occupants as you were informed on my last appeal to you.

    If you refuse this appeal, no further correspondence will be entered into and you must supply a POPLA code with your rejection. To clarify, no further information will be given in response to this matter as I feel my case is fully explained in this appeal.

    Furthermore, if this appeal is rejected, a Letter before action will be issued to yourselves and any landowners as they are jointly and severally liable to pay damages for the undue stress and harassment by your continued steps to chase this unenforceable penalty, you will also be liable for any costs and my time at a rate of £18 per hour for research and time taken to appeal this pathetic charge once the appeal is found in my favour at POPLA.

    I am giving you this final chance to cancel this case and add my vehicle to a white list so no further harassment is made by your company.
    We’ve had to remove your signature because your opinion differs from ours. Please check the Forum Rules if you’re unsure why you can not have your own opinion on here and, if still unsure, email forumteam@moneysavingexpert.com
  • Nodding_Donkey
    Nodding_Donkey Posts: 2,738 Forumite
    Ninth Anniversary 1,000 Posts
    If you don't wait for the NTK then they save the DVLA fee. Every little helps :)
  • BenefitMaster
    BenefitMaster Posts: 641 Forumite
    Is there any reason why a POPLA appeal cannot include an application for costs?
  • salmosalaris
    salmosalaris Posts: 967 Forumite
    Don't forget that some PPC's operate a contractual sum model and gpeol won't work with POPLA or IPC appeals in this situation . Failure to adhere to the requirements of POFA would be a useful in these situations .
  • I don't feel the ntk is issue is important so don't wait or advise waiting for ntk
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • Half_way
    Half_way Posts: 7,491 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Why wait for the NTK? or why advise people to wait?
    first of all as mentioned above there are time limits with these things in particular with camera on a stick car parks.
    Secondly anyone could in theory set themselves up as a parking company armed with a high vis jacket, digital camera, and some fake tickets, stick these on a few cars and wait for the 60% or whatever it is to pay up without question.

    As for elaborating on GPEOL i think there has been at least one case where the POPLA adjudicator was taken in by a PPCs bluster on this.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Coupon-mad
    Coupon-mad Posts: 153,286 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 May 2014 at 12:17AM
    I suggest people wait for the NTK as it does give people more ammo if they need it. For example if someone got a POPLA code from UKCPS but for whatever good reason (illness, etc.) couldn't use it in time, then if UKPCS tried a small claim then the victim could show as part of their defence a non-compliant NTK and so 'no keeper liability'. Which is probably easier to argue to a Judge if need be, than no GPEOL. It's always disappointing when people post about getting court papers if they've already hurried to appeal and somehow 'burnt their boats', only having a windscreen PCN to show for the charge (and a NTK is far more likely to have flawed wording than a PCN). Especially when it's a PPC that you know has dodgy NTK letters and the person would have pretty much a slam-dunk defence if they'd waited for that NTK.

    Also some PCNs never result in a NTK at all. I know of a Supermarket where a neighbour has had 2 PCNs from Britannia and yet never got a follow up letter at all.

    But for those of us who like to laugh at PPC World there are other options of course and an early appeal can be fun too. I like the idea of sending a 'reg keeper' appeal fairly close to 25 days after any windscreen ticket, before they can send a NTK. Then later on at POPLA the appellant could include the fact that...no NTK was ever served therefore there's no keeper liability! Someone show me in Schedule 4 where it lets a PPC off sending a NTK if a keeper appeals early - it doesn't, because POFA doesn't deal with the subject of appeals nitty gritty!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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