Secure-A-Space, 5 PCN's in 17 days in allocated parking space.

BiscuitMuncher

bod1467.... I included copies of my emails to the MC with the POPLA appeal for PCN 1 & 2, (and only the emails relating to these two.)

These emails weren't included in the S-a-S evidence pack but copies of my initial appeal emails to S-a-S were.

Coupon-mad

BiscuitMuncher wrote: »

The Secure-A-Space case letter for PCN 2 refers to emails to the Management Company so I will add the following to my rebuttal. Italic text is from S-a-S. Just wondering if my replies below go against the not saying what happened advice, however, I feel POPLA needs to made aware of this.

"The management company have clearly informed us on our enquiries, at no time was the appellant told he could park without his permit and he has provided no proof that this was the case. The vehicle appeared to have a hand written note displayed however this is not a substitute for a valid permit and still no exemption to park without a valid permit was granted. We were also not contacted regarding this matter. The email chain provided by the appellant does not provide permission for them to park without the permit, It merely informs them to go via their landlord to obtain a permit to avoid further cost for a replacement permit. At this point no payment was offered for the permit in the emails. Therefore the driver still did not have the authorisation necessary to be parked at this private site."

Secure-A-Space refer to my email chain with the Management Company. It is because of the complete incompetence and incalcitrance of the Management Company, who are Secure-A-Space’s client, that I was issued with a further 4 Parking Charge Notices after I contacted them regarding obtaining a permit. In answer to my initial email they responded “your landlord should have one (a permit) he can give you” they did not inform me of the cost of a permit nor did they suggest that to prevent further Parking Charges I should purchase one immediately. I was under the misguided impression that both companies had some integrity and there would be communication between them that I was making all reasonable efforts to obtain a permit, unfortunately this was not the case.

"At the in house appeal stage we were sent an email to appeal several tickets (including this one) with an admission of driver liability and name provided. With that full driver admission provided, we would not have any reasonable cause to obtain further details from DVLA on this occasion."

The parking space belongs to the apartment I rent and the car belongs to me, why would I have any cause not to say I am the driver. This comment also refers to “appeal to several tickets”. At this stage this is not true as I had been issued with two Parking Charge Notices which I made initial appeals against to Secure-A-Space and which are now at the POPLA appeal stage. As mentioned above, despite repeatedly chasing up the issue of the permit, which the landlord paid for on 8th December, I was issued with a further three Parking Charge Notices after this date because the Management Company did not issue the permit to me until the 17th December. I have appealed these three charges separately to Secure-A-Space and will take each one to a POPLA appeal on its own merits.

I wouldn't add that because I don't think it assists even though I know you want to tell POPLA, in fact it dilutes your appeal and adds nothing at all that will win the case (perhaps the opposite because you agree no permit was shown and you agree you didn't deny being the driver).

I would only add stuff about Beavis. Stick with a rebuttal adding points in your favour, not trying to give excuses/reasons for what happened.

BiscuitMuncher

Rebuttals for PCN's 1 & 2 submitted today.

I'll let you know the outcome ASAP.

BiscuitMuncher

Update:

PCN 1 & PCN 2 are being reviewed by POPLA after submittal of my rebuttals of PPC’s evidence packs.

PPC has refused my appeals (using the forum sticky example) for PCN 3 & PCN 4. The POPLA appeals for these are due early March.

However, the PPC has accepted my appeal for PCN 5, again using the forum sticky example,!

“Further to your appeal received on **/**/2016 regarding the above Parking Charge Notice.

The appeal has been reviewed. The parking attendants photographs and pocket notes (as applicable)
have all been taken into account. Having considered the content of your letter we are prepared on this
occasion to cancel this notice.

Please in future ensure you park correctly in order to ensure you do not receive any further Parking
Charge Notices.”

Whilst I have every confidence that POPLA will accept the appeals for the first 4 PCNs I wonder if this PCN cancellation notice for the same “offence” ie. Parking without a valid permit, would be a stick to beat the PPC with should things be taken further?

BiscuitMuncher

Herzlos

It'd definitely be something to bring up, especially as they say this cancellation is evidence based rather than "good will". If you wanted to put the boot in you could add them as a point in your last 2 POPLA appeals ("The operator, upon viewing the evidence, has decided to cancel an identical issue, therefor they know it is totally without merit").

I suspect they know they've lost 1-4 (along with £108) and don't want to have to pay POPLA to lose the 5th as well.

BiscuitMuncher

If you wanted to put the boot in

Would I really want to do that to a nice PPC?

Herzlos

I don't know. I'm concerned that doing so would force the PPC to stick at the POPLA thing out of spite, instead of cancelling. I don't know if that's something you'd want.

It'd be great watching them try to prove they were different circumstances though.

yotmon

BiscuitMuncher wrote: »

Update:


The appeal has been reviewed. The parking attendants photographs and pocket notes (as applicable)
have all been taken into account. Having considered the content of your letter we are prepared on this
occasion to cancel this notice.

BiscuitMuncher

There is also the possibility that the attendant has 'cocked up' his evidence notes/photos, so they know they won't be able to defend it. I take it that you haven't had sight of these notes seeing as they have cancelled the charge ?

BiscuitMuncher

yotmon wrote: »

I take it that you haven't had sight of these notes seeing as they have cancelled the charge ?

No, I haven't had sight of the notes, they just sent the letter (PDF by email).

Coupon-mad

You *could* use the cancellation as evidence at rebuttal stage if the PPC contest the POPLA ones. But stronger rebuttal points exist and POPLA won't make a decision based on a different PCN being cancelled. They'll find in your favour based on the usual appeal points.