parking Fistral beach

rdty21

Hi everyone,

Received a parking charge notice yesterday through the post. This is generated from an ANPR camera at this particular car park.

It was addressed to the registered keeper of the car and is the first correspondence of any kind that has been received.

I have been doing a lot of reading tonight about how to appeal the notice, but I just can't decide if I have picked up on the key points.

Car entered car park at ABC and a ticket was paid for by abcd via the phone & pay system. A text message confirms the time of purchase and also the expiry time which was abcde

The car is then recorded leaving the car park at Xxyyzz

The parking charge notice is dated 26 days after the alleged breach of T & c's.

So if I have understood things correctly I could appeal on the following grounds;

• parking charge notice (is this the same as a "notice to keeper"?) has arrived later than 14 days after the alleged breach.

• a "ticket" had been payed for and confirmed by text within 10 mins of driving on site, finding a space, finding the info to pay by phone and filling in the form.

• The car was pictured within the 10 minute grace period that is allowed under the BPA's code of conduct to leave the site after the expiry time.

• On this particular day the car park was busy with construction traffic for an upcoming event, this caused congestion within the car park delaying exit.

A lot of the other stuff I've read I don't really understand, such as they aren't permitted to issue the fines etc.

Can anyone help?

Thanks in advance.

Redx

yes , the postal pcn is the NTK

grace period 1 confirmed (clause #13)

grace period 2 confirmed (clause #13)

so the 2 grace periods they have failed to account for are there , so say so by adding to the blue text appeal

also add a note they have failed POFA2012 due to late arrival of said NTK, so the keeper is not liable and the driver will not be named

the difficulties in exiting are part of the second part of the grace periods , its a MINIMUM of 10 minutes and its well known that exits are blocked due to heavy traffic and other factors

I expect not so smart to cancel when they see the amended appeal

be careful not to name or infer who was driving , its a rookie mistake that is all too common due to the way were were all taught english language at school

ps:- there is nothing to be gained by delaying the initial appeal , so make sure the appeal goes in WITHIN the 28 day deadline , from the keeper, ensuring KEEPER is chosen in any menu (not driver) - be careful on this point as any changes may revert it back to driver - yes they are sneaky !!

Umkomaas

I expect not so smart to cancel when they see the amended appeal

I agree with the above.

If the NtK suggests that they will hold the keeper liable, you tell them that as they have not complied with PoFA requirements, you will be reporting this to the DVLA.

Also, as your vehicle has not exceeded the total time available for the 2 grace periods, why are they suggesting their parking charge is legitimate. Tell them, that depending on their response to this question, you reserve the right to copy their response with an appropriate complaint to the DVLA and the BPA.

Don't soft soap these outfits with 'I'd be gratefuls', 'Pleases' or 'Thank yous'. Be assertive.

I bet this is cancelled in a flash.

KeithP

OP, remove those precise times from your post.

PPCs routinely check this board and will be able to uniquely identify your incident, and anything subsequently posted could so easily trip you up.

rdty21

RedX....So when you say about adding to the blue text template, you mean the one with the first paragraph about the size of wording? Would I alter the wording within the template to suit this particular case? So change the bit about size of sign writing to grace periods for example?

Redx

that blue text wording is not changed AT ALL, save for making one paragraph into past tense because they have already obtained RK data

so change it to read

Should you have obtained

any extra points like POFA2012 failures etc are IN ADDITION , not instead of

rdty21

Ok thanks for that. I must say I'm finding this all a little confusing.. is it possible to explain why nothing is changed? I have read about this in the newbies thread but I just don't understand how it's relate to to me. Sorry for the questions.

Redx

you are over thinking it , thats why

the blue text template is for EVERYBODY that receives a pcn from a BPA member, so has nothing to do with their personal circumstances. It has been carefully crafted so that its one size fits all, any additions have to be carefully worded, there is nothing that needs to be removed - NOTHING

I altered it to past tense to make it grammatically correct when reading it, because they have already committed that act

anything to do with your personal circumstances is what I told you to ADD to it , like POFA2012 failures , grace periods etc

a PPC can issue an invoice only , they have done this , the blue text appeal is for ALL BPA members , regardless of what happened

in your case, you raised significant issues to do with your case, so they are ADDED to that blue text appeal

I see nothing confusing about it

Redx

here is what the whole paragraph says , although I have set the wording to the past tense

notice the comments before and after , especially aftter , which I have boldly highlighted in red for you

Template appeal for BPA members - copy this wording into the online appeal box or into an email:




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.

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 have obtained 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. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

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. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,


THE NAME AND ADDRESS OF THE KEEPER GOES HERE. THE DRIVER IS NOT IDENTIFIED.

NO NEED TO USE YOUR REAL SIGNATURE - BUT DON'T POST UNLESS YOU HAVE TO - ALWAYS USE THE ONLINE APPEAL PAGE BECAUSE THE APPEAL CANNOT GET LOST AND YOU CAN KEEP A SCREEN PRINT. USE ANY EMAIL APPEAL OPTION IF FIRMS OFFER IT.


You can add to the template above, 'in order to resolve the dispute I attach copies of...': the driver's receipts/bank transactions (or Hospital Appointment/Hotel booking, etc.) that day as 'they' were a genuine customer/patient, etc.

it doesnt mention removing anything at all

it does mention you can ADD to it ,

so add the clause #13 grace periods issues

and add the late NTK failing POFA2012 issue too

these separate issues apply in your case alone for this matter, the rest applies in ALL bpa member cases , regardless

rdty21

RedX.... I've just been going through it all again.

I've added extra info in after the 1st paragraph and made the change you pointed out. Thanks for that ����

If you PM me could I reply with a copy of the revised version?

Redx

just post it on here, it wont contain anything we have not seen before, just dont put any personal details or info in it, so no pcn reference and no name or address for now, add those details when you submit it (if you have to)