NtK received 3.5mo after windscreen PCN - Care Parking, Atherton Train Station

Qrbrrbl

Hi Folks,

Probably an easy one for you guys to deal with but I have read through all the stickies and just found them really confusing.

Received a windscreen PCN on the 27th September from Care Parking, for "Parking in a No Parking Area". The carpark in question has numerous marked bays as normal, but frequently gets full, and there is often just the corner "space" which is more than big enough for one or two cars.

I've uploaded the photos taken by Care Parking and a scan of the NtK to imgur but can't link due to forum rules, but the pics are at imgur dot com/a/B9G8t
Mine is the blue jag in the corner, but the white mini has also parked in the same corner "space".

There is nothing at all to indicate that this is classed as a "No Parking Area" - the signage is exactly the same as other parts of the carpark, there are no floor markings to differentiate or mark this off.

I complained immediately to TfGM who, after a bit of discussion back and forth, claimed that they have no ability or authority to ask Care Parking to withdraw a PCN. This is clearly bull, but I didn't labour the point and by this point it was 1.5mo after the date of the PCN, and I hadn't had any further communication from Care Parking. Also, immediately after I had submitted my complaint (literally less than a week after receiving the PCN and following TfGM's complaint procedure), the area had started to be coned off so it was quite clear it was a No Parking Area.

I presumed at that point that they had seen sense, and dropped it.

Anyway, fast forward to today and I have received an NtK via post (dated 18th Jan so clearly hasn't been held up in the mail for months), which is well outside the 56 day limit.

Whats my best route to get this dropped with as little hassle as possible here? I can reopen my original complaint to TfGM, challenge the PCN as the Keeper Liability period has expired, challenge on the "No Parking Area" not being marked as such or challenge based on all three.

Thoughts?

Redx

use the blue text template and appeal as keeper , then use a popla appeal from previous METROLINK and CARE PARKING threads on here

there was a recent win in the POPLA DECISIONS thread, use that as the basis for your KEEPER appeal

Qrbrrbl

OK - given that they have already obtained the keepers details from the DVLA do I need to edit the template in blue or just send as-is?

KeithP

Change the words Should you obtain to Should you have obtained if you wish.

pappa_golf

you need to pop back there and check signage look for the words railway bylaws , and also recontact TfGM and ask them if railay bylaws apply on the land , I note they do not imply that they are acting under POFa2012




https://imgur.com/a/B9G8t

Qrbrrbl

I'll grab a photo of the signage tomorrow.

Submitted via their appeals email, presume now its just wait for a response with a POPLA code.

Funnily enough they have now included a tickbox on their appeals website for appealing as keeper, but when you try and submit it then says you must tick the driver box to continue. Still very sneaky!

Redx

somebody else mentioned that recently on here , so I think they emailed it too

Umkomaas

Whats my best route to get this dropped with as little hassle as possible here?

Oh that everything was that easy. If the landowner won’t play ball, you’ve got to get yourself geared up for a potentially lengthy fight. It won’t magically go away, and we have no fairy dust to sprinkle over it for you.

So it’s an initial appeal (blue text from the NEWBIES FAQ sticky, post #1), then off to POPLA once you have your rejection.

Not a great prospect of a court appearance.

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

pappa_golf

off to POPLa , possably off to , but not defended by them or kicked out by POPLa

Redx

and TfGM dont do magistrates court, if bylaws apply, in which case it "times out" after 6 months

I would just follow the same route as the recent win in the POPLA DECISIONS thread

S.S.D.D.

pappa_golf

with the clear statement by TfGM " claimed that they have no ability or authority to ask Care Parking to withdraw a PCN." then they cannot have hired them , and as such because care were not hired to work for TfGM then no exchange of info from the DVLA

so care must be working for AN other , who is AN Other , have they got a contract with them?