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Paid for a P & D but still got a PCN.
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Obviously I have taken bits from other appeals on here to POPLA and tried to fit it around my circumstances.
Ivery never got a private parking ticket so all this is brand new to me.
The signage is poor in the car park and I've doctored the appeal to hopefully reflect this but, I'm hoping the grace time thing alone will be enough to over turn the PCN?
Also, we still haven't got the NTK letter so it's a bit difficult to add that in my appeal with POPLA at this stage.....
Usage of the 0844 number is a breach of the Consumer Contracts Regulations 2013 and of the industry Code of Practice.
Promoting an 0844 number without call costs stated in close proximity to the number is also a breach of Ofcom regulations.
You need as many appeal points as possible. POPLA have made some strange decisions, so get as many legit ones in as possible.
If you haven't received any ntk at all, then that in itself is a major appeal point, because without it the PPC can't hold the keeper liable.
In this context, if time is available (deadline) for submission of your POPLA appeal, try not to submit it until after day 56 following the date of your parking incident.
I'm typing this on my phone, so can't easily access the rest of your thread to look at any dates you've already given, but I'll check later once at my PC.
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
The driver got the ticket on 6th Aug.
Cheers
Danny
You said in your opening post that you sent your initial appeal as per the timescale suggested in the sticky - i.e. around day 25/26? If the parking event was 6 August, then you would only be sending your initial appeal in about now if you followed the suggested timescale. Sorry, don't understand.
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
Is that going to be a problem?
Thanks for confirmation. It's OK, as Redx has said.
The PPC has 56 days by when to serve a Notice to Keeper to invoke keeper lability under PoFA. By my calculations, using the day immediately after the parking event as day 1, they have until 1st October to do so (please check my day count to be certain).
As they haven't served a NtK, you need to try to play out the 56 days if possible. I guess your POPLA deadline date expires before 1st October, so while you have to get your POPLA appeal in by their deadline, you don't want to be appealing too early. As a major appeal point will be no keeper liability - no NtK served, you don't want to give the PPC plenty of time to issue a late, but in-time NtK, thus the advice to delay your POPLA appeal until just before the deadline.
This gives you plenty of time to do more research and drafting.
Please confirm you understand the tactic - and its purpose.
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
I still haven't received the NtK but I'm still in the process of updating my POPLA appeal.
As you said it's hard to appeal with POPLA on the NTK if the PCN still have time to send one over, so timing is everything here.
Just for confirmation, how long do you get before I can't appeal with POPLA?
Cheers
Danny