PPC Question/ advice please

Coupon-mad

Possibly land with Port byelaws?

Edna_Basher

Unfortunately a different car park to the Commissioners' Quay and so this will be on relevant land after all, meaning that Keeper Liability could be applicable.

Next time you're in Wadebridge, you'll have to try the Commissioners' Quay instead.;)

dantheman1985

We have now recieved the first letter through the post entitled

"FORMAL DEMAND"

it basicly says the time and date the contravention occured ect, and if we don t pay £100 within 28 days it will be passed to debt recovery partners and we will recieve no further reminders from A S parking.

i assume now is the time to send off the first appeal letter? it also says i can appeal by email and must include the drivers name and address (which i assume i shouldnt do)



thanks in advance, Dan

Redx

if this is an NTK you are appealing as RK so yes appeal it, no dont give away who was driving , thats for you to know and them to find out, which they wont unless you were daft enough to tell them, or had a good reason to

dantheman1985

thanks, it doesnt mention anything about "notice to keeper", just formal demand, i assume its the same thing?

Redx

dantheman1985 wrote: »

thanks, it doesnt mention anything about "notice to keeper", just formal demand, i assume its the same thing?

assume what you like, just read posts #3 and #5 again, and dont expect these people to issue the same paperwork as they all differ

dantheman1985

ok thankyou :-)

dantheman1985

OK, heres an update and thanks in advance for any replys, it is appreciated!

i have emailed the template appeal letter and this is basicly the response i have recieved....



"unfortunatly the template is generic; as such it does not encompass an appeal specific to your case.
Every car park is different, every car park operator manages its affairs in a different manner, each parking event is unique; therefore a "one size fits all" template such as this is not approriate.
The authors only argument is that he/she claims that the charge is unenforceable in law, and has listed a variety of reasons in the hope that one of them may be relevant (there is no mention of the actual parking event). Clearly they feel that ALL parking charge notices are unenforceable (despite the numerous recent court cases that have proved to the contrary).

it then basicly says that they are unable to investigate or tailor a response to our specific appeal as it is a template letter from online and the charge will be placed on hold for 14 days so that we can submit an appeal in our own words detailing the grounds which we are appealing specific to our case.....or pay the fine.

should i now ask for a popla code?

thanks again. Dan

Umkomaas

You should send a strongly worded complaint to Steve Clark at the BPA (email addy as per post #6 in the NEWBIES FAQ sticky) and ask the BPA to undertake an urgent investigation. You've made your initial appeal; the PPC has two choices - accept the appeal and cancel the charge, or reject it and issue a POPLA code.

The BPA and the DVLA have warned PPCs that making motorists jump through the PPC's hoops to drag a POPLA code out is a breach of the BPA Code of Practice. Here's what was transmitted to all BPA PPCs.

“the following practices may be considered as Code breaches and must not be continued:
• Asking the motorist to enter into additional correspondence to obtain a POPLA code
• Failing to include a correct and/or valid POPLA Code within the Rejection correspondence
• Issuing a POPLA Code with a date identifier which is significantly different from the date of rejection
• Appearing to indicate that the issue of a POPLA Code is conditional on driver details being supplied “

Send a copy of your complaint to the PPC - but don't have any further dealings with them until the BPA have investigated.

**EDIT** - should have added, copy the PPC letter you have received to Steve Clark with your complaint, so he can see the drivel you're having to contend with.

dantheman1985

Thankyou so much, here is my email i am about to send, any feedback would be great.



For the attention of Steve Clark.

I am writing in relation to a parking charge notice I have recieved as keeper of the vehicle from A S Parking, based in Newquay, Cornwall.


On the 29/09/14 as the keeper of the vehicle I recieved a letter demanding £100,
as the driver of the vehicle had failed to comply with the terms and conditions of use of the carpark.

On the 6/10/14 I wrote an email of appeal and sent it to the address provided, assuming that the appeal would either
A) be accepted and the charge be cancelled or
the appeal be rejected and a POPLA code be issued.

This is the email:

"Re: PCN No. ****


I refer to the above notice which I challenge, not as driver but as keeper of the car, on the following grounds:
a). The sum sought does not represent a genuine pre-estimate of any loss and yet it is intended as a deterrent, so the charge is a penalty.
b). The signage on site is deficient, the wording unclear and it fails to comply with the Code of Practice.
c). In the absence of any evidence it is my case that you lack any or sufficient proprietary interest in the land.
d). Your notice was deficient and fails to comply with Schedule 4 of the Protection of Freedoms Act 2012.
This is my formal representation. There will be no admissions as to who was driving that day and no assumptions should be drawn in the absence of evidence.
I have decided to appeal this as keeper and as such, you must either rely on the POFA 2012 or you must cancel the charge if you know you cannot claim keeper liability in this case.
Please uphold this challenge or send a rejection letter, so I can escalate this matter to the independent appeal service offered by your Trade Body.
Yours faithfully

******* (registered keeper)

**********
****

Unfortunatly the reply I recieved in the post did not address either point A or Point B; This is the reply that was recieved

Dear Sir/Madam
RE: Parking charge notice number 12344 (vehicle:wk61xux)
issue date 27/08/2014

Thank you for your template correspondence in relation to Parking Charge Notice

unfortunatly the template is generic; as such it does not encompass an appeal specific to your case.
Every car park is different, every car park operator manages its affairs in a different manner, each parking event is
unique; therefore a "one size fits all" template such as this is not approriate.
The authors only argument is that he/she claims that the charge is unenforceable in law, and has listed a variety
of reasons in the hope that one of them may be relevant (there is no mention of the actual parking event). Clearly
they feel that ALL parking charge notices are unenforceable (despite the numerous recent court cases that have
proved to the contrary).

Our advice is to always seek professional legal advice, rather than seek advice from online anti-enforcement hobbyists with little or no legal training.
As you have used a template leter from one of the above sites we are unable to investigate or tailor a response to your specific appeal.
As a gesture of good will, this parking charge has now been placed on hold for 14 days in order to give you the oppertunity to submit an appeal in your own words,
detailing the grounds upon which you are appealing that are specific to your case.


Upon recieving this reply I genuinly have to say that I was absolutely dumbfounded and appalled at the complete lack of professionalism displayed by A S parking,
this reply clearly does not accept or reject the appeal, it is very assumptious about the appeal allegedly being a "template" which is in fact absolutely irrelivent
in any case, and does abosultely nothing but reinforce general public opinion that most PPC operators are cowboys out to make easy money.
I hereby formally request that you undertake an URGENT investigation into this unprofessional correspondence I have recieved as I genuinly feel that I would
be wasting my time resending the perfectly acceptable appeal to either get the charge cancelled or the appeal rejected and a POPLA code issued.

Yours sincerely,

****** *********