Park watch ntk

The_hud_2

Advice please. A ntk has been sent to rk It seems to fail on pofa. Does not state whether a notice was given to driver or placed on car. Doesn't, state time car was parked only entry and exit times for site. Does no state maximum costs that they may claim. Is this good basis for appeal?

Coupon-mad

Yes that's fine as long as the registered keeper appeals. Or you could use the template in the NEWBIES thread for BPA members.

Either way it's a stepping stone to POPLA stage so just be careful not to imply who was driving.

The_hud_2

Hope i've got this on the right thread this time! Should I tell the ppc not to give my details to any third part in an appeal?

pappa_golf

any third parties they give info to will be debt collectors or solicitors , that is quite legal


however , if they "SELL" the debt to the likes of NIL collections , then they are in trouble with the DVLA

The_hud_2

Hello all. I have received the rejection letter from park watch. They obviously don't read the appeal as they ask the rk for receipts for shopping.
As I told them that they failed with pofa ,they cannot pursue the rk but they seem to ignore that.
The signage is also very poor and says that there may be a charge is one of several mistakes made.
On entering the site they photograph the registration plate. After that there are places to park that they don,t cover.
When sending popla appeal do I mention all points or just the obvious pofa and signage points.
Is there a template letter I could use? Sorry I'm old and of course useless with computers!
Thanks for patience and help.

Coupon-mad

Yes, template POPLA appeal points are in post #3 of the NEWBIES thread. Deliberately long & detailed!

You will just need to add a first point about the NTK failures. Show us your draft first, the longer the better IMHO. It frightens them off.

The_hud_2

Thanks for the help,
I will draft the reply over the next few days.
Will it be OK to post it here as long as no identification is shown?

Coupon-mad

Yes, certainly.

The_hud_2

Hi all,here is my draft appeal to popla if anyone could be kind enough to check it over.

I wish to appeal popla code xxxxxxx on the following points.

Notice To Keeper.
Schedule 4 paragraphs 8 and 9 of the PoFA stipulates the mandatory information that must be included in the notice to keeper. If all of the information is not present then the notice to keeper is invalid and the conditions set out in paragraph 6 of schedule 4 has not been complied with.

Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.

The mandatory information omitted is:

To state whether a notice to the driver was given to either the driver or placed on the vehicle and so to repeat the information in that notice about paying the parking charge and when.

Specify the outstanding amount of the parking charge and the maximum additional costs you may seek to recover, and of the dispute resolution arrangements.

The period the car was parked.
This last point is very important as the notice shows only entry and exit times but no proof of actual parking.
Upon entering the site there is a choice of 4 establishments who have no parking restrictions.
If the parking company cannot offer proof of where or if the driver parked the they must have made an assumption of parking.
This raises the prospect of a serious misuse of PoFA.

Signage
The signage on site is so small that it cannot be read by a driver entering the site.
The sign say that parking may result in a charge. This is not definitive an d therefore cannot be seen as a contract.

Hidden in the small print is the statement tat parking is free for 5 hours except for match days and event days. It does not explain what an event is or where it takes place.
No dates or times are given for matches or events, so how could a visitor to the site make a decision about how long to park?

I understand that the parking company do not own the land,and as such I have asked them about the policy with the landowner or on-site businesses to cancel such a charge, as required under the consumer contracts (information, cancellation and additional charges) regulations 2013.
They either cannot or will not provide this information, which casts further doubt on their right to manage parking on site.



I hope this is enough for the appeal to popla, and will be grateful for any replies
Thanks again.

Umkomaas

Not enough!

Use the ready made, lengthy template appeal paragraphs from the NEWBIES FAQ sticky, post #3.

Redx

get some inspiration from this recent parkwatch winner

https://forums.moneysavingexpert.com/discussion/5529547

and also this one too

https://forums.moneysavingexpert.com/discussion/5560936