Illegible description on PCN?

mike433

So they have rejected the appeal and offered to revert to the 50 quid penalty if I pay by 28 July...or appeal through POPLA..whereupon the penalty will be 90 quid. Any suggestions on this gamble will be appreciated.

Coupon-mad

Gamble? Gamble?!! LOL. Of course you were expecting a rejection letter and POPLA code and the discount 'carrot' dangled again, that's what everyone gets. Then we move on to POPLA stage which is exactly as expected.

The NEWBIES thread tells you that the easiest thing is to search for recent POPLA appeals shown on threads. To save you searching I had a quick look and I recommend this one to adapt for your case as it's pretty similar:

https://forums.moneysavingexpert.com/discussion/5459863

You would have to change 'permit' to 'Pay and Display ticket' or delete some lines if they make no sense at all, and change the name of the parking firm and a few other details when you proof read it. But it shows you how to argue each point and the #1 and #2 there are very similar to what I would suggest you use as your first two points.

You should check the NTK (TPS' first postal letter you got) against para 8 of the POFA because the flaws in a Euro Car Parks one, like in the linked thread, won't necessarily be exactly the same as the flaws in a TPS one (and there ARE flaws!).

Or you could do another search for 'TPS POPLA paragraph 8' or 'TPS POPLA POFA' and see if someone here has already found the POFA wording flaws re a TPS windscreen ticket case, not an ANPR one which cites para 9 of the POFA. Find one written this year, citing para 8 (not 9) and you've jumped that hoop too.

Show us what you come up with, you have ages, 28 days. Not a gamble. Even a TPS case lost at POPLA doesn't get PAID!!

mike433

Thanks Coupon..thats very helpful. I'll take the gamble and post here what happens...

Grandad123

I think CM was suggesting you post up your draft appeal, before you send it off, for suggestions.


Remove any traceable info of course.

mike433

Ok ...here is the draft... (I feel like I am back at school with an assignment lol)

Dear Sirs,

I am writing to appeal the parking charge relating to PCN number ****.

I am the registered keeper but not the driver

The notice to keeper was sent to me as registered keeper.

1.
The Protection of Freedoms Act Schedule 4 clearly states that certain conditions must be met in order for the creditor to have the right to claim charges from the registered keeper of the vehicle.

Paragraph 7 subsection 2 (a) states that the notice must specify the period of parking to which the notice relates.

There is no period of parking on this notice and as such the creditor fails to comply with the conditions. In the section marked in red “contravention times” there is no period recorded but just a time of ****. We have no way of knowing how long the vehicle was allegedly parked.

Therefore, the legislation clearly states that for a parking charge notice to be valid, the period of parking must be stated. Thus, this notice is invalid.

2.
Further, in the section on the notice marked “Evidential Image” there is no image.

This notice fails to provide the evidence that the vehicle was the vehicle to which i am the registered keeper.

3.
The alleged offence is partly illegible.

The above points. 1, 2 & 3 mean that the Protection of Freedoms Act Schedule 4 deem that this notice is invalid and as such, I (as registered keeper) cannot be held accountable for the alleged offence.

Sincerely,

mike433

Oh dear... just noticed at the end of the fine print that it says that photographic evidence is online .. and it is

mike433

Any advice on this?
The parking guys have sent in their evidence pack.
The first thing I notice is the copy of the original parking ticket has, in part, been overwritten. They have clearly overwritten the time in pen. Has anybody come across that before? Is that acceptable?
Cheers in advance...

bod1467

That is woefully inadequate as a POPLA appeal. Go to the POPLA Decisions thread, start at the end and work back. Look at appeals that have been won ... many will either show the POPLA appeal or link back to threads where the appeals are shown. The sort of thing you're noting might be interesting but you need to focus on known appeal points that have been proven.

There are no templates for POPLA appeals ... we're busy enough as it is here, so you need to do the legwork yourself - sorry.

mike433

Why is that woeful? anyway; I've done the work ..the third thing I notice is that they have provided the landowner contract..and it gives the start date and the end date has been deleted/redacted like a wikileaks leak if you know what I mean...is that a bit stronger?. Oh yeah.. then there's the second thing and then the third thing...

bod1467

mike433 wrote: »

Why is that woeful?

I didn't say woeful ... I said woefully inadequate - not quite the same thing. If you follow my advice about the POPLA Decisions thread then you'll see why.