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PCN envelope on car but no ticket inside!

12467

Comments

  • Bexter8
    Bexter8 Posts: 33 Forumite
    Yes, I used the template but Coupon Mad recommended mentioning the banner as well. I've added it in and kept it so the driver isn't revealed, just wanted to check if it sounded ok before I send. (My draft reply is posted above.)
  • Umkomaas
    Umkomaas Posts: 43,437 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Bexter8 wrote: »
    Yes, I used the template but Coupon Mad recommended mentioning the banner as well. I've added it in and kept it so the driver isn't revealed, just wanted to check if it sounded ok before I send. (My draft reply is posted above.)

    Just go with it then. I don't see any toes blown off.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    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.

    Private Parking Firms - Killing the High Street
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    I would ALWAYS advise using the actual facts when you are 100% sure you have a valid, non procedural point, such as you have. The standard appeal in the newbies thread is perfect when you are relying on process errors by the PPC but you have actually "transgressed".
  • Bexter8
    Bexter8 Posts: 33 Forumite
    I've got my POPLA code now. My draft is here, is it OK?: https://docs.google.com/document/d/10VG_3W9LLm4TTZL-45C39hRyQ1aKruCMw9Bz3tgR0xU/edit?usp=sharing

    Should I add about their signage being below the eye line as shown in their photo below? (As the template states about signs being high, etc.)

    https://drive.google.com/file/d/0B566YVH_AwVqLUQ3bTc5UWVqMHNqM2hpdkpPWHBESGVmd0Zv/view?usp=sharing

    Thanks!
  • Coupon-mad
    Coupon-mad Posts: 152,828 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The banner pic in your Dropbox appeal isn't very clear, have you got a closer one so the Assessor can be in no doubt that the entrance sign offers parking contract at £1 an hour? That line is VERY hard to read.

    Also, if you never got a NTK, say so, and if you did get one, have an appeal point which says in what way it is not POFA compliant.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Bexter8
    Bexter8 Posts: 33 Forumite
    Yes, both the closer photo and the Ntk are linked further back (you changed them to links for me as I was too new).

    This photo was taken from where the car was parked but I can change it to the one taken a few paces to the side where you can read it better or include both?

    You mentioned my NTK was not POFA compliant but I wasn't sure why as having read the links you said about a parapgraph being missing but there is one in mine that says they "may" go after the keeper so I wasn't sure what to write about POFA.
  • Is there somewhere that says what makes an NTK POFA compliant please? So I can figure out how mine isn't and add in a point in my POPLA appeal. Thanks.
  • Fruitcake
    Fruitcake Posts: 59,464 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    POFA compliance/non-compliance is based on a number of factors.

    Did it arrive in the correct timeframe.
    eg
    If a windscreen ticket was given, did the NTK arrive between day 28 and 56?
    If no windscreen ticket, did the NTK arrive by day 14?
    (The day of the alleged event is day zero.)

    Did the wording on the NTK match the very strict requirements of the POFA 2012 schedule in each and every respect?
    The relevant schedule depends on whether a windscreen ticket or ANPR (or equivalent) NTK was given.
    You need to compare the wording of the POFA schedule line by line and word by word with the NTK to see if they differ.
    I married my cousin. I had to...
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  • Umkomaas
    Umkomaas Posts: 43,437 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The following links should help you.

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

    http://www.parkingcowboys.co.uk/keeper-liability/

    You go through the NtK with a fine tooth comb- pedantically - it must meet the requirements of Schedule 4 of PoFA 2012 (linked above) exactly. 'Near enough' is not good enough!

    List the discrepancies as you work through it.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    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.

    Private Parking Firms - Killing the High Street
  • Bexter8
    Bexter8 Posts: 33 Forumite
    Thank you!
This discussion has been closed.
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