Pcn in hospital but was driver error

waamo

Sciteach wrote: »

Coupon- thanks for the faqs thread. The reason I feel an appeal will be unsuccessful is because the car was parked on top of the strictly no parking markings.
And i know they like to frighten you into paying but I don't want to run the risk of going through a court process shold I refuse to pay.

I bet you I could park there sideways across a no parking bay without paying any parking charge and still win an appeal.

Appeals are won on legal grounds not what is right or wrong. You really need to read and understand the Newbies thread.

Coupon-mad

Sciteach wrote: »

The company is parking solutions 24 and are a bpa reg. Company. Issued on windscreen on day of parking error.

Good, you win at POPLA then, by appealing as keeper, on day 26 if online appeal is allowed. As said several times, this approach is in the NEWBIES thread, is done by template appeals (not saying who was driving nor anything about the circumstances) and it works.

Umkomaas

And i know they like to frighten you into paying but I don't want to run the risk of going through a court process shold I refuse to pay.

So you're spooked into thinking you'll 'end up in court'? You mean dragged in by G4 security staff? Possibly being 'sent down? Read on!

http://www.bmpa.eu/companydata/Parking_Solutions_24.html

shold I refuse to pay.

It's not a case of 'refusing to pay', it's the real case of have they legal grounds for requiring you to pay. You will be proving to them that they have not! Work through the NEWBIES FAQ sticky and with us over the next few weeks and it will only be your eyes opened, not your wallet.

The_Deep

You can win an appeal because of bad signs, too small, too high, unclear wording, etc., no contract, no authority, no planning permissions, out of time, etc., etc., etc. It they who have the hoops to jump through, not you.

Sciteach

Ok so I've reread the newbies thread but I'm not very clear with some parts of it.
As they are a bpa registered company I've read the blue text but I feel it doesn't apply in this situation. Unless I'm getting confused again.

Please see the bits in brackets that I feel don't apply in this case.

Dear Sirs

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

I challenge this 'PCN' as keeper of the car.

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. ((This is clearly not applicable in this case as the car has been photographed parking on some seriously yellow double lines. What do I say here instead?))

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.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. ((Suing???! Just reading this fills me with dread! I woyldnt know my !!!! from my elbow when it came to taking someone to court. Do i need to say this?))
Your aggressive business practice and unwarranted threat of court ((No threat made on PCN just mentions debt collection agency)) for the ordinary matter of a driver using my car without causing any obstruction ((correct- car not an obstruction)) or offence ((sadly not correct- car knowingly parked in Strictly NP area)) has caused significant distress to me ((true, I really don't need this now)).

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. ((I have no idea what this is so will have to do some research)) You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply ((no I don't!!! I know they will deny the appeal!))

Yours faithfully,

A concerned keeper who wishes to keep money in wallet for as long as possible

Sciteach

If I ignore this instead will this make everything worse?
I have previously had a fine from PE years ago and my fuzzy memory remembers definitely not paying it or appealing it. Nothing has happened since.

nigelbb

Sciteach wrote: »

Ok so I've reread the newbies thread but I'm not very clear with some parts of it.
As they are a bpa registered company I've read the blue text but I feel it doesn't apply in this situation.

It doesn't matter. Forgot about your particular situation as it's irrelevant to dealing with these crooks. Just do as advised & send off the blue text response.

Redx

Sciteach wrote: »

1) If I ignore this instead will this make everything worse?

2) I have previously had a fine from PE years ago and my fuzzy memory remembers definitely not paying it or appealing it.

3) Nothing has happened since.

1) probably , especially if it is PE

2) PE tend to issue an MCOL within 6 years , usually in less than half that , they issue about thirty thousand court claims per annum

3) YET !!

the BLUE TEXT appeal applies in EVERY situation where a BPA member is involved

DoaM

If the previous event was before October 20012 then you're more than likely in the clear. (But not guaranteed so until 6 years from the date of the event have passed).

Sciteach

Oh dear I didn't know that about PE! This new 'fine' is with parking solutons 24.