CPM - over 28 days since windscreen ticket in my own residental space - appeal to PPC

BeanKLR

Thanks for the reply Umkomaas.

I will remove GPEOL as an appeal point as you're right my case is totally different, this will also remove the multi-storey comment to avoid confusion.

WRT your query about parking period:

On the original PCN I have an observed time - xx/xx/2015 xx:xx and a Date/Time of Issue: xx/xx/2015 xx:xx
The date/time of issue is 13 mins after the observed time - to me this doesn't meet the keeper liability checklist, as the car was actually parked overnight and was definitely parked there for more than 13 minutes - please could someone confirm I have interpreted that correctly?


I will amend the POPLA appeal and push keeper liability to the top of the list:

Schedule 4 paragraphs 8 and 9 of the PoFA stipulates the mandatory information that must be included in the Notice to Keeper. If all of this information is not present then the Notice to Keeper is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.

On the NTK, the following points are not mentioned and as such the keeper is no longer liable:

i) Details of the discount for payment within 14 days, The Discount should be at least 40% of the full charge under the BPA Code of Practice - should the NTK still mention a discount even though it was sent out more than 28 days after the alleged contravention occurred?

ii) No creditor has been identified who is legally entitled to recover the parking charge

Aside from this I can't see any other fails :-(

Umkomaas

1. No, leave GPEOL in - but you just need to differentiate from Beavis. In a Beavis situation GPEOL has been sidelined by the SC, but in your situation that isn't the case.

2. There's nothing in PoFA about 'observation times', so just putting that on your NtK doesn't meet the 'parking period' criterion.

3. A windscreen ticket is dealt with under paragraph 8 of Sched 4. Check again what that paragraph says about discount period.

warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

It's 28 days from the day after the day they issue the NtK.

If you think the rest of it is compliant - OK, but there's normally lots of non compliance errors. I'd suggest you go through it with the fines of nitpicking tooth combs and raise everything that's not 100% as per PoFA and conclude to POPLA that the NtK is non compliant.

Getting anything 'wrong' won't go against you. It is up to the PPC to provide POPLA with the evidence that they have issued a 100%, fully compliant NtK to make the keeper liable. A PPC fail on one - Game Over.

BeanKLR

Cheers guys will keep you posted..

BeanKLR

So after sending off the POPLA appeal yesterday evening, received an email this morning saying CPM don't wish to contest the appeal and I do not need to pay the parking charge. :T

Happy days - thanks all for the help especially Umkomaas.

Umkomaas

Wow, that was quick, but a great result.

Do you think CPM had sight of your appeal this morning before throwing in the towel, or was it purely coincidental timing?

Happy to have helped.

BeanKLR

Difficult to say, they may have seen it but who knows the reason - either way it's over..it has been worthwhile spending a bit of time getting to know the process.

Have a lot more legal knowledge now and as they say knowledge is power..