ParkWatch - Parking Charge Notice

Rocky27

Hi all,

I'll start by apologising if I am creating a new thread when I shouldn't be!

I am starting one however due to the slightly different from the norm circumstances.

My GF stopped in an area behind some retail shops (Union Gate in Bristol) for under 3 mins whilst I ran into a shop. She received a 'Parking Charge Notice' through the post with photographs of her waiting.

We have appealed and been denied by 'ParkWatch' and received a POPLA code which I am planning to use in an appeal to them.

My question is, whilst waiting for under 3 mins she was actually half in the loading area and half on the pavement, which I presume is a public highway. In the letter denying our appeal they also state the wrong times we were parked there for - a typo, which even contradicts the CCTV photograph times.

The info is very helpful on here but there is masses of it, I have searched for previous letters to POPLA about parkwatch but can't really see much. Any suggestions or links to help with the appeal letter to POPLA would be awesome!

Many thanks
:beer:

Rocky27

Removed pics

Umkomaas

The info is very helpful on here but there is masses of it, I have searched for previous letters to POPLA about parkwatch but can't really see much. Any suggestions or links to help with the appeal letter to POPLA would be awesome!

There's 'masses of it' because the country is riddled with private parking operators gouging huge chunks of money from the UK public.

You don't need to find a ParkWatch thread, 90% of cases are all dealt with in the same way. Your case is no different, trying to split hairs over whether half of the car is on private land while the other half is (possibly) on public land is a low order issue (if it's one at all). Many more potent points to deal with. No need to look further than the newbies FAQ sticky where how to deal with a PCN is detailed.

But it is detailed as dealing with a PCN isn't as simple as a wave of a magic wand, but it can be dealt with successfully.

You are at POPLA stage, so the section of the sticky to read is post #3 as well as checking out the other relevant sticky 'POPLA Decisions' - read cases from March 2016 onwards. The examples will give you a good 'feel' for what's needed in a POPLA appeal.

A couple of points for clarification please:

1. Date of parking on the CCTV image - is that 5th July 2016 (using UK style date format) or 7th May 2016 (US format)?

2. Date of issue on the Notice to Keeper first letter through the post?

3. Date on which it was received?

Rocky27

Umkomaas wrote: »

There's 'masses of it' because the country is riddled with private parking operators gouging huge chunks of money from the UK public.

You don't need to find a ParkWatch thread, 90% of cases are all dealt with in the same way. Your case is no different, trying to split hairs over whether half of the car is on private land while the other half is (possibly) on public land is a low order issue (if it's one at all). Many more potent points to deal with. No need to look further than the newbies FAQ sticky where how to deal with a PCN is detailed.

But it is detailed as dealing with a PCN isn't as simple as a wave of a magic wand, but it can be dealt with successfully.

You are at POPLA stage, so the section of the sticky to read is post #3 as well as checking out the other relevant sticky 'POPLA Decisions' - read cases from March 2016 onwards. The examples will give you a good 'feel' for what's needed in a POPLA appeal.

A couple of points for clarification please:

1. Date of parking on the CCTV image - is that 5th July 2016 (using UK style date format) or 7th May 2016 (US format)?

2. Date of issue on the Notice to Keeper first letter through the post?

3. Date on which it was received?

Thanks for the quick reply. Totally agree with your first point :mad:

1. The date is american format, worth nitpicking!?
2. The date of issue is 12th May
3. I can't recall exactly how long after it was received, perhaps a week or so

Umkomaas

Thanks for coming back on the Qs. Nothing to go on there, at face value, but you may want to refer to the time discrepancies in the rejection letter, in your appeal to POPLA, to throw in the question as to the accuracy of the time-stamping - but not a showstopper.

You haven't shown us the full NtK, but you do need to check this meticulously against PoFA Schedule 4 paragraph 9 - and this is where you need to be nitpicking, with the finest nit comb you can muster. They have to meet each and every criterion to hold the keeper liable. Here's a couple of links to help:

http://www.parkingcowboys.co.uk/popla-code-checker/

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

But these are only useful if you did not identify the driver in your initial appeal - did you?. A non compliant NtK could be a major plank in your POPLA appeal.

So turn your attention to drafting your POPLA appeal. Have you checked your deadline for submission? Check here:

http://www.parkingcowboys.co.uk/popla-code-checker/

HTH

Rocky27

Thank you very much.

No didn't name the driver in the original letter!

I will sift through and come up with something

Quentin

Your photos (#2) will identify you to the ppc (the date and time shows exactly who you are)


The ppcs monitor this forum and can use your posts/thread against you.

Rocky27

Are there any templates for POPLA appeals, perhaps I'm being stupid!?

Quentin

Rocky27 wrote: »

Are there any templates for POPLA appeals, perhaps I'm being stupid!?

No


See #3 in the newbies faq thread

Rocky27

Thanks.

So, I am confused what the point is in taking hours writing out complicated legal letters. If I lose, I can ignore the hysterical pay up or else letters? why not just ignore from now on?

Obviously if a court summons arrives that shouldn't be ignored :-)

Quentin

Because you could win at POPLA and its ended.