Park Direct evidence from a mobile device but no PCN served

elponce28

I think I finally understood why you asked if I was parked at Elias Rd.. The Ashmole state is at Elias Rd BUT the car park is next to it and as it happens to be in the corner, the car park faces Hanover Gardens because one can only enter the car park through Hanover gardens. Does it change anything?

Umkomaas

elponce28 wrote: »

I think I finally understood why you asked if I was parked at Elias Rd.. The Ashmole state is at Elias Rd BUT the car park is next to it and as it happens to be in the corner, the car park faces Hanover Gardens because one can only enter the car park through Hanover gardens. Does it change anything?

The only thing it changes is that if it's not a public road, there's no purpose in calling the council.

So use the newbies sticky to take this forward.

elponce28

The car park is at Hanover Gardens, not at the road called Elias Place as stated on PCN

Umkomaas

elponce28 wrote: »

The car park is at Hanover Gardens, not at the road called Elias Place as stated on PCN

OK, so that becomes part of an appeal point when appealing to POPLA (not the PPC - keep your powder dry on that one; you've got a high chance of success at POPLA, whereas there's little chance of success with the PPC).

You will argue to POPLA that there is no private parking on Elias Place, and give them the link to the street on Google Maps. Let the PPC tell POPLA 'Ah, we didn't really mean Elias Place, the NtK should have said Hanover Gardens'. Game over!

elponce28

Please have a look as the two different roads can be seen. Within that specific block stated by the PCN, there is no car park. It may belong to the same land BUT you have to turn the corner onto Hanover Gardens in order to park. I am going to use the template suggested above for the PCC. I am going ahead with this and the fact that no stopping or waiting without a valid permit (ambiguous). I know this is vague but what are the odds of my case winning? Have you ever seen anyone winning on this basis? what do you suggest?


Thank you so much!!


Ps. I did try to paste the google view but it won't let me. The car park can clearly be seen

Umkomaas

Only use the initial appeal template in the newbies sticky. Do not tamper with the wording, don't add anything, don't take anything out, use it as is.

Nothing you're going to say to the PPC is likely to get this cancelled - you get it cancelled at POPLA. Too many have screwed up their chances by telling their 'story' in the initial appeal.

No matter how unique a case anyone has, the PPC only wants their money, so there's no benefit to them in upholding appeals. This isn't a fair game you've just joined, you need to understand this, otherwise it could all end in tears.

You're unable to post your Google maps link here at present; newbies need a couple of dozen posts under their belt before link-posting privileges are opened to them.

elponce28

Thanks and this is great!

I'm going to send a standard appeal to PPC but will start preparing POPLA's.

Together with those points above, would it be ok to include the following:

- PCN fails to state how long the car stayed as per the regulation.!
-distant contract fails to comply with consumers act as it does not provide cancellation option.
-the NtK not using pofa to claim keeper liability (why?).
-also, the PCN also indicates that "no stopping or waiting" but the signage is at the back and by the time the driver sees the signage is too late

Once I have your opinion on this I can work out the wording.

Also, do I have to tell who the driver was as per their request?!

Your replies are much appreciated, thank you!

pappa_golf

elponce28 wrote: »

Thanks and this is great!

I'm going to send a standard appeal to PPC but will start preparing POPLA's.

Together with those points above, would it be ok to include the following:

- PCN fails to state how long the car stayed as per the regulation.!
-distant contract fails to comply with consumers act as it does not provide cancellation option.
-the NtK not using pofa to claim keeper liability (why?).
-also, the PCN also indicates that "no stopping or waiting" but the signage is at the back and by the time the driver sees the signage is too late

Once I have your opinion on this I can work out the wording.

Also, do I have to tell who the driver was as per their request?!

Your replies are much appreciated, thank you!

are those words in the template letter?


I refer to the post above yours written by Umkomaas, who clearly writes


"Only use the initial appeal template in the newbies sticky. Do not tamper with the wording, don't add anything, don't take anything out, use it as is. "


continue as you wish , but do not expect to win

Umkomaas

elponce28 wrote: »

Thanks and this is great!

I'm going to send a standard appeal to PPC but will start preparing POPLA's.

Together with those points above, would it be ok to include the following:

- PCN fails to state how long the car stayed as per the regulation.!
-distant contract fails to comply with consumers act as it does not provide cancellation option.
-the NtK not using pofa to claim keeper liability (why?).
-also, the PCN also indicates that "no stopping or waiting" but the signage is at the back and by the time the driver sees the signage is too late

Once I have your opinion on this I can work out the wording.

Also, do I have to tell who the driver was as per their request?!

Your replies are much appreciated, thank you!

Do you mean add the above to your initial appeal?

You never name the driver (unless it suits your position, a position you are not currently in!).

Fruitcake

elponce28 wrote: »

Thanks and this is great!

I'm going to send a standard appeal to PPC but will start preparing POPLA's.

Together with those points above, would it be ok to include the following:

- PCN fails to state how long the car stayed as per the regulation.!
-distant contract fails to comply with consumers act as it does not provide cancellation option.
-the NtK not using pofa to claim keeper liability (why?).
-also, the PCN also indicates that "no stopping or waiting" but the signage is at the back and by the time the driver sees the signage is too late

Once I have your opinion on this I can work out the wording.

Also, do I have to tell who the driver was as per their request?!

Your replies are much appreciated, thank you!

As above, I am confused as to whether you are thinking you should add these points to your initial appeal to the PPC or are preparing them for PoPLA.


Please tell us that all you are going to do is send the template appeal letter contained in the NEWBIES thread EXACTLY AS IT IS around day 25 or whatever it says I the thread.


Don't go confusing yourself with PoPLA appeals at this stage. If your wording above is indeed part of your PoPLA appeal, where is the incorrect location point you mentioned earlier?