Park Watch - Parking Charge - Help Needed

Adam.nov

Hi All,


The driver received a parking charge on the 8/11 by Park Watch which is a division of defence systems ltd. I have just come across this forum after some research
I have read the newbies thread and the RK is supposed to appeal as late as possible and day 26 is the recommended date. Today is day 28. Should I as the RK put the appeal in now or is it too late?
Should I wait for the NTK and then appeal to POPLA?


Many Thanks

Coupon-mad

Put it in today if an online or email appeal is allowed.

Not today if you HAVE to post appeals, if so you would have to wait for the NTK.

Adam.nov

Just has a look on the website and the wording is unclear on how to appeal. Can someone confirm that the appeal must be made in writing only or I can email it to them?


Parking Charge Notice (PCN) - How to Appeal

You have the option to appeal against the parking charge notice (PCN) you have received.
A parking charge appeal must be made in writing to this address:
Park Watch
Suite 12 The Shippon, Church Road
Dodleston
Chester
Cheshire
CH4 9NG
For more information call : 01244 283 343
or email us at info@parkwatch.co.uk

Coupon-mad

The PCN is where to look, not on the website.

Adam.nov

Thank you for your help so far. There is an email address on the notice where I can send an appeal. Just to confirm this is the template to use for Park watch as they are part of the BPA.
It has now been 28 days and 12 hours ish since the charge was issued. Shall I still continue and send the appeal now?


Date


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You have omitted clear information about the process for complaints including a geographical address of the landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,






In the above template, I need to include the RK name, address, reg and reference number?


Thanks in advance

Coupon-mad

Yes, I would do so now - and you obviously realise it has to have the registered keeper's name and POSTAL ADDRESS of course, and the PCN number in the subject line, plus the VRN is useful.

ONLY appeal by email if the PCN says appeals can be sent that way, not just because there is 'an email address' somewhere on the PCN.

Adam.nov

Thanks again, should I put a friends/family address for the postal address instead of my own? Or does it not matter?


Yes the PCN confirms that appeals can be sent via email and an email address is provided

wanderlust23

Having read the newbie thread, am I right in thinking waiting until day 26 before appealing applies to windscreen PCN's only?

Umkomaas

Adam.nov wrote: »

Thanks again, should I put a friends/family address for the postal address instead of my own? Or does it not matter?


Yes the PCN confirms that appeals can be sent via email and an email address is provided

Why not your own?

Umkomaas

wanderlust23 wrote: »

Having read the newbie thread, am I right in thinking waiting until day 26 before appealing applies to windscreen PCN's only?

Yes, windscreen tickets - it's purpose is to deflect the PPC from seeking personal data from the DVLA (as you provide it to them in the day 26 appeal) and keeper liability is lost to them if they fail to go through the motions by day 56.

An ANPR ticket through the post means they've already accessed details from the DVLA and keeper liability is on the cards (provided they jump through the many other hoops they generally fail to negotiate).

Adam.nov

Hi all,


just about to submit my POPLA as today is last day. I am using the points




1. A non-compliant Notice to Keeper was never served - no Keeper Liability can apply.
1A. The company that issued the windscreen fine is not the same company that issued the notice to keeper.

2. The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge

3. No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice

4. The signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself



I am following up all points from other appeals. I have added 1A and wanted opinions on this :


1A. This Data Protection Breach has come to light as the driver received a parking ticket from Park Watch Limited (Company No. 08798058) but I note that although they show the BPA logo and claim to be a member of BPA they do not show on BPA's list of AOS approved members.
Their sister company Defence Systems Limited T/A Park Watch (Company No. 08047971) appears on the BPA list of approved members but this is not the company which has issued the ticket. That company is Park Watch Limited, a different legal entity, and the ticket requests payment to Park Watch Limited and not to Defence Systems Limited T/A Park Watch.
A cheque written to Park Watch Limited cannot be cashed by "Park Watch" or Defence Systems Limited.
Park Watch Limited appear to have no right to use the BPA logo, to issue parking tickets, or to claim to be a BPA member. I have written to the BPA today about this apparent abuse.