Parking ticket at my own home! (OPC) Help please

TestZed

Redx wrote: »

this was why I advised you to contact MR X and sort out the parking rules he expects on his land, then to comply

if you told him it was an oversight and no loss was incurred he may cancel this charge with OPC, this would be the best way to get this cleared up , although you could also appeal to popla on legal arguments and try to get it quashed as well

Yes, I will be contacting Mr X, but if he refuses to cancel the charge, what legal arguments remain available for a POPLA appeal?

Redx

TestZed wrote: »

Yes, I will be contacting Mr X, but if he refuses to cancel the charge, what legal arguments remain available for a POPLA appeal?

the usual ones listed in the NEWBIES sticky thread and the hundreds of popla appeals on here already,

ie:

no contract with the landowner to pursue charges
poor signage
NTK flaws
non-POFA2012 compliancy
not a gpeol (subject to the Beavis outcome at the Supreme Court if any aspect of the judgment becaomes pertinent to cases like yours)

Half_way

Does the lease mention anything about parking? or the rights to park somewhere

Coupon-mad

TestZed wrote: »

Yes, I will be contacting Mr X, but if he refuses to cancel the charge, what legal arguments remain available for a POPLA appeal?

What Redx said.

And you say the NTK is not expected for a few weeks so make sure your POPLA appeal is submitted online as late as possible (I would wait until the last day - check on the Parking Cowboys POPLA code checker - should be day 28 from the rejection letter).

Obviously with this point first in your POPLA appeal:

As there has been no admission regarding who was driving the vehicle and no evidence of this has been provided, the keeper liability requirements of Schedule 4 of the Protection of Freedoms Act 2012 must be complied with. One of these requirements is the issue of a ‘notice to keeper’ compliant with certain provisions. The operator failed to serve a ‘notice to keeper’ in any form, so POPLA will not be able to find that the charge notice is enforceable against the keeper.



Newbies keep missing the fact this (above) is the entire POINT of appealing as keeper quite late, to get them past day 56 without a NTK! It will never arrive.

TestZed

Half_way wrote: »

Does the lease mention anything about parking? or the rights to park somewhere

I addressed this point in my original post - the first image

Coupon-mad wrote: »

And you say the NTK is not expected for a few weeks so make sure your POPLA appeal is submitted online as late as possible (I would wait until the last day - check on the Parking Cowboys POPLA code checker - should be day 28 from the rejection letter).

Newbies keep missing the fact this (above) is the entire POINT of appealing as keeper quite late, to get them past day 56 without a NTK! It will never arrive.

Sorry, slightly confused.

So far I've only spoken to the landowner who said that he won't be asking OPC to cancel the charge. Not got to POPLA or even the first appeal yet...

It's only day 15 since the windscreen ticket. I was going to email the appeal as keeper that you posted in your newbie thread under "THE FIRST APPEAL TO THE PPC", at around day 25, as you advised elsewhere.

Why would they not be able to send an NTK between day 29-56? (Obviously I would prefer that they didn't)

Redx

they could send it , they should send it , they probably wont send it, you hope they wont send it, that way its then an additional appeal point as mentioned above

once they have your KEEPER appeal, they will probably deny it and issue a popla code, then move on to somebody else and forget to sort out the rest of the paperwork so will fail to follow POFA2012

so if you then send in the popla code close to the popla deadline of a further 28 days, by the time the PPC reads the appeal its too late for an NTK

its all about timing and lousy procedures because these companies put "due diligence" last on their list

if they do send one between day 29 and day 56 , then you check it and point out the flaws in it

Coupon-mad

TestZed wrote: »

Why would they not be able to send an NTK between day 29-56? (Obviously I would prefer that they didn't)

Sorry, for some reason I thought you were at POPLA stage already.

Of course they can and should. Will they? NOPE. Because of the timing of the appeal by the keeper they will deal with the rejection letter and they will forget the vital NTK...works almost every time, I even caught out ParkingEye on it with one of their rare windscreen PCNs. That is the whole point of the timing of the first appeal and if you can appeal electronically or by email to this bunch, leave it until day 27.

PPCs are dumb and OPC are among the ex-clamper brigade, so they are dumber than most. Don't give them an iota of respect. Awful firm.