Holy Trinity Church Newquay

TalkGirl_uk

Afternoon,

Okay so having already had to appeal a PCN (CP Plus) a few years ago I went about reading up on the threads and getting ready to submit for 1st/2nd stage of appeal. However I have only just realised that we only received the PCN on Saturday 22nd. The date of even is 07/07/2017 and the date issued was the 20/07/2017. Now am i right in thinking that they I need to have received the notice within 14days?

If that is the case where do i stand/need to do for my appeal?

Fruitcake

It depends whether there was a windscreen ticket left on the vehicle or not. If not the NTK must arrive by day 14 for keeper liability to apply, but the alleged date of the event is day zero.

What is the name of the PPC this time? This will determine which template you will need to send from the NEWBIES thread, and also determine what to do afterwards if/when the initial appeal is rejected.

This is explained in the NEWBIES thread.

TalkGirl_uk

Thanks Fruitcake. Even if the event date was counted as day zero then the 22nd makes it the 15th day, so they are still overdue....surely?

I have checked out the NEWBIES thread but wanted to double check this first before i wasted time appealing.

Fruitcake

TalkGirl_uk wrote: »

Thanks Fruitcake. Even if the event date was counted as day zero then the 22nd makes it the 15th day, so they are still overdue....surely?

I have checked out the NEWBIES thread but wanted to double check this first before i wasted time appealing.

Sorry, yes you are correct. You haven't confirmed which parking company you are dealing with, only that it was CP plus on a previous occasion.

Appealing is never a waste of time, whether the NTK meets the requirements of the POFA 2012 or not. There are usually other appeal points available, but non POFA compliance is always one for the strongest.

TalkGirl_uk

Sorry Fruitcake! I honestly wrote that it was ParkingEye at the start of the originally message but must have deleted it when i reworked the post. Sorry.

Fruitcake

TalkGirl_uk wrote: »

Sorry Fruitcake! I honestly wrote that it was ParkingEye at the start of the originally message but must have deleted it when i reworked the post. Sorry.

One of the worst, if not the worst in the scamdustry.

Does the PCN have a paragraph with wording something like, "if after 29 days ..." or is there a blank space as if something is missing? An example of this is given in the NEWBIES.

TalkGirl_uk

My thoughts exactly! I didn't even have to see the NTK to know it was them, gut feeling ha!

Being honest I am not sure! There is no mention of POFA/keeper liability after 29 days. There is a mention of signage and appropriate parking time etc. Is that what you mean? I can attach a picture if helps.

Fruitcake

TalkGirl_uk wrote: »

My thoughts exactly! I didn't even have to see the NTK to know it was them, gut feeling ha!

Being honest I am not sure! There is no mention of POFA/keeper liability after 29 days. There is a mention of signage and appropriate parking time etc. Is that what you mean? I can attach a picture if helps.

Good. They normally miss that bit out when they know they are too late to invoke keeper liability. This will be a winning point at PoPLA.
Just because they mention other stuff doesn't make it true.

So, send the BPA template in blue from the NEWBIES. Copy and paste and send. You could carefully add a comment that they have not met the strict deadlines to transfer liability to the keeper so they should cancel now and save themselves some money. If you do this, make absolutely sure you don not even hint at the driver's identity. No mention of I parked or anything silly like that.

Alternatively send the template as is, and beat them at PoPLA. You may need to do this anyway even if you tell them they are too late for the keeper to be liable.

TalkGirl_uk

Wicked I will draft with the added line of not meeting deadlines. Is this something worth posting again to get checked? Or just email it through?

Thank you so much for all your help :-)

Fruitcake

It won't hurt to show us your additions. Just make absolutely sure you don't mention the driver, not even on here. If you have any doubts at all, don't amend the template.

Make sure you don't miss the appeal deadline either. Take a screenshot before you submit it.

We normally advise a complaint to the landowner and a request that they cancel it, but I have a feeling that the church is complicit in the dubious exploits of parking lie. It won't hurt to complain though in case I have got the wrong place, or they have had a change of heart.

TalkGirl_uk

Wicked! Honestly I don't intend to let them get anything so i will be drafting this tonight.