parking Fistral beach

Guys_Dad

The template is a good way to get a POPLA code. It works best when you have no real cast iron failures by the PPC at that point.

However, when a PPC boobs by missing the POFA deadline, then my appeal to the PPC would stick them with that first and foremost. In fact, I would add nothing other than you refuse to name the driver and are not liable, as keeper, for the charge.

I would then round off by saying that you want the POPLA code and look forward to making your case at POPLA which will cost them £27 to lose.

Redx

agreed

this template I rewrote here https://forums.moneysavingexpert.com/discussion/5693951 recently has the grace periods issue in it

then add what guys dad says above (POFA2012 failures and the driver will not be named)

the aim is to get a cancellation or popla code, so do not over think this stage, its NOT rocket science and it is certainly NOT confusing either

its certainly come up dozens or hundreds of times before on here , for either or both of those "extras" , so the extra paragraphs are already written somewhere , as I demonstrated in my link above

rdty21

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.

You have failed to account for any grace periods upon the vehicle entering and exiting the car park as required in condition 13 of the British Parking Association's code of practice. This allows time for the driver to decide if they want to stay or leave and a minimum of 10 minutes to exit the car park at the end of the stay.

I would also like to add that you have not met the requirements of PoFA 2012 due to the late arrival of the Notice to keeper. It is clearly stated on the notice that the date of the alleged contravention was 0/0/2017. The date printed on the notice to keeper is 0/0/2017 therefore exceeding the 14 day time limit.

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,

Redx

its clause #13 , not condition 13

add the date the NTK arrived too, as that is the important date , irrespective of when it was written

once altered, its good to go

rdty21

I edited the post to remove the dates, so already got that and I've made the correction to add clause.

I was going to try and add a picture of the text message that proves parking was paid for within 10 mins of driving through the the 1st camera.

Thanks for your help guys, I'll be back to update when I hear something. :beer:

Just realised you said date of arrival...gotcha

Redx

yep, you can add the pcn date AND the arrival date , as well as attaching a picture or proof of payment for parking , although they are only disputing the so called OVERSTAY , which is explained in the grace periods yet is trumped by the failure to adhere to POFA TIMELINES anyway

so POFA2012 is the trump card, the secondary point is clause #13 backed up by proof of payment within a reasonable time frame

not so SMART will cancel as soon as they see your appeal, but if they dont , its all grist for the mill at popla , who will see through their charade onece you have an approved popla appeal to upload , which they will then cancel after seeing it

so at the moment its all in your favour , so welcome to our world and I hope this puts you in good stead for the next one , and the one after that, because these companies infest thousands of sites , including supermarkets , retail parks , surgeries , hospitals and myriad other places of entrapment

rdty21

Not had anything back yet. What are other people experiences with response times?

Redx

if you had read the BPA CoP you would know that the PPC has 35 days to respond, so you are nowhere near that deadline yet

might be worth "trying" to pay the pcn and see if its still on their system (but OBVIOUSLY do not go all the way) - it might be cancelled or unavailable (meaning cancelled)

otherwise, come back around day 40 and ask again

rdty21

Ah ok, haven't got the details with me at the moment. I was only asking based on the 21 days to respond mentioned in the reply to them.

rdty21

SUCCESS....Just had a letter through the post saying that they had noted the points raised...not sure which ones....and they are cancelling the PCN.

Many thanks to those who helped/suggested/pointed in right direction!!!!