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J-D--P-a-r-k-i-n-g--C-o-n-s-u-l-t-a-n-t-s--PCN

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Ignatius1
Ignatius1 Posts: 91 Forumite
Tenth Anniversary
edited 24 August 2015 at 7:54PM in Parking tickets, fines & parking
Hello again everyone

I wanted to share this with you.

Last year, a NtD was attached to my vehicular carriage. There was some occasion when I chose not to display some permit. The PCN was successfully challenged. This was the emailed response that I received;
"Thank you for your email regarding the above Parking Charge Notice (PCN).

After carefully considering the case, I have cancelled the above parking charge on this occasion only. I have also noted our records to ensure that we do not send you any further letters about this parking charge.

I must stress, however, that the terms and conditions of parking at this site are clear and must be abided by at all times. Therefore, I will not be able to withdraw any further PCNs issued to the vehicle.

[FONT=&quot]Kind Regards"[/FONT]

Recently, I took my carriage somewhere for some auto electrical work to be carried out and decided to remove the permit. I then chose not to re-display it. Reason being, I've displayed the permit for so long now and so thought that perhaps the warden knows my carriage now and no longer needs to wander over to it to see if the permit is there or not. Of course, perhaps there's a new warden now or something.

This NtK was very recently received. To my knowledge, there hasn't been a NtD attached to my carriage.

I've thought about ignoring this PCN
, but I don't think I will. I'll probably challenge the PPC and then take them to POPLA for fun.
«13456

Comments

  • Half_way
    Half_way Posts: 7,473 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    C-h-a-l-l-e-n-g-e i-t a-s p-e-r t-h-e s-t-i-ck-y t-h-r-e-a-d a-n-d a-t t-h-e s-a-m-e t-i-m-e c-o-m-p-l-a-i-n t-o t-h-e l-a-n-d--o-w-n-e-r
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    p-o-p-l-a-d-o-n-t-d-o-a-p-p-e-a-l-s-a-n-y-m-o-r-e
  • Ignatius1
    Ignatius1 Posts: 91 Forumite
    Tenth Anniversary
    Half_way wrote: »
    C-h-a-l-l-e-n-g-e i-t a-s p-e-r t-h-e s-t-i-ck-y t-h-r-e-a-d a-n-d a-t t-h-e s-a-m-e t-i-m-e c-o-m-p-l-a-i-n t-o t-h-e l-a-n-d--o-w-n-e-r

    Yes, that's my intention.
  • Ignatius1
    Ignatius1 Posts: 91 Forumite
    Tenth Anniversary
    Redx wrote: »
    p-o-p-l-a-d-o-n-t-d-o-a-p-p-e-a-l-s-a-n-y-m-o-r-e

    I've just visited POPLA's website and read the update. No problems. Maybe just a bit more hassle.
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Redx wrote: »
    p-o-p-l-a-d-o-n-t-d-o-a-p-p-e-a-l-s-a-n-y-m-o-r-e

    -:rotfl:-:rotfl:-:rotfl:-:rotfl:-:rotfl:-:rotfl:-
  • Ignatius1
    Ignatius1 Posts: 91 Forumite
    Tenth Anniversary
    Seeing how the way POPLA appeals are registered is changing, does anyone know how this might affect appeals?
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    ignatius1 wrote: »
    seeing how the way popla appeals are registered is changing, does anyone know how this might affect appeals?

    n_o_t__r_e_a_l_l_y__a_t__t_h_i_s__s_t_a_g_e.
  • Umkomaas
    Umkomaas Posts: 43,363 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ignatius1 wrote: »
    Seeing how the way POPLA appeals are registered is changing, does anyone know how this might affect appeals?

    It's only a few days in to the administrative procedures starting; they're a few months away from doing any adjudication work. The Beavis case might be clear by then which might well turn appeals on their head, even if London Councils were continuing to offer the POPLA service.

    Your crystal ball us as good as anyone else's. How do you see it?
    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
  • Ignatius1
    Ignatius1 Posts: 91 Forumite
    Tenth Anniversary
    Umkomaas wrote: »
    It's only a few days in to the administrative procedures starting; they're a few months away from doing any adjudication work. The Beavis case might be clear by then which might well turn appeals on their head, even if London Councils were continuing to offer the POPLA service.

    Your crystal ball us as good as anyone else's. How do you see it?

    I'm not sure, although I came across this.
  • **START**


    Thank you for youremail regarding the above Parking Charge Notice (PCN).

    I have carefully reviewed the case and have considered the points that you raised. Unfortunately, I cannot cancel the PCN and it is still payable. I have explained my findings in more detail below.

    My findings

    The site in question is subject to terms and conditions, which are stated on signs throughout the area. As these terms were breached on the date in question, a PCN was correctly and legitimately issued.

    I attach photographic evidence taken at the time of the parking contravention.

    The contravention occurred as no valid permit was displayed at the time.

    Internet templates

    I must also stress that simply sending in standard template responses, most likely obtained from the internet, will not resolve the matter. In addition, I would recommend that professional legal advice be sought on this matter as an alternative.

    What you need to do now

    You now have three options to choose from:

    1. Pay the PCN at the prevailing sum of £60.00 by 21st September 2015. Please note that after this time the discounted rate will no longer apply and the amount outstanding will rise to £100.00 and will need to be paid by 5th October 2015.

    Payment can be made online or by phone. Go to www.parkingcsl.co.uk or phone 0208 528 4122. You can find full details of how to pay on the PCN issued to the vehicle and/or on the letter(s) sent if applicable.

    1. Make an appeal to POPLA (Independent Appeals Service) by completing the provided appeal form or by making an appeal online at www.popla.org.uk (verification code: 322*******). The only grounds for making an appeal are highlighted within the form provided and to be considered the appeal must be received by POPLA within 28 days of the date of this correspondence. Please note that if you opt to appeal to POPLA and the appeal is unsuccessful you will be only able to settle the PCN at the full amount of £100.00.

    1. If you choose to not make payment or appeal, the amount outstanding may be sought via a debt recovery company and/or court action where further costs may be incurred as a result.

    Payment Methods

    Online Payment: www.parkingcsl.co.uk
    Telephone Payment: RING 0208 528 4122
    Bank Transfer: Quote your reference number to – Parking Collection Services
    Royal Bank of Scotland, Sort code 16-00-01, Account number 20973851
    Cheques / Postal Orders: Should be posted to the address below, made payable to Parking Collection Services. Please write your reference number on the back.


    Kind Regards


    **END**

    The PPC attached some appeal form with wording primarily taken from http://popla.org.uk/makinganappeal.htm

    In the initial appeal to this PPC, I chose not to state that I'm a resident whose vehicular carriage is actually permitted to park nor did I provide some kind of proof that I hold the permit. I thought that my stating this in the appeal and/or providing evidence of the permit wouldn't have made much difference.


    I will now, pretty much needless to say, be appealing to POPLA.


    My understanding is that some contract that London Councils seemingly had with POPLA has expired or is expiring and some other sub-contractor is to take over. Perhaps this will mean a little "shake-up" with procedures, adjudications etc... We'll see..


    Are we still using the tried and trusted appeal grounds etc.?
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