Guidance Needed - NTK Received

b20lgr

Hi All,

Hope you're all well. I'm new to the site after seeing it crop on google in relation to defending parking tickets.

I've had a trawl through the newbies section and used the search but didn't find much similar to my ticket?

On December last year the car allegedly got a PCN, when the driver returned to the car there was no ticket on my windscreen. The registered keeper received a letter on the 12th January from PCN Admin Centre demanding £100.00 penalty charge plus £24.00 administration fees.

On viewing the evidence, clearly showing a PCN on the windscreen and a photo of a Wing Parking sign.

One key point here is, I know which road the car was parked on and the ticket lists another road, several roads away and also a dead end road with no through way to the road the car was parked on. I've seen about the PCN proving the contravention took place but I'm conscious of the timelapse, which genuinely was not my fault.

I would appreciate guidance to the relevant thread or some help on appealing this?

I look forward to becoming a accomplished member and helping out where I can do so.

Thanks!

Redx

just appeal it as KEEPER using the new template in that NEWBIES sticky thread

for now, what happened on the day is not relevant , hence why you dont find similar circumstances

after that , if you get a POPLA code then its draft a popla appeal based on legal arguments (not about what happened on the day either)

do not assume yours is different , at the moment , it isnt

its appeal once to the PPC, then if that fails its appeal to POPLA if its a BPA member , and IGNORE if its an IPC member

its that simple

b20lgr

Hi RedX thanks for the quick reply!

Is this the correct appeal? Just confirming as I'm not appealing incorrect signage, but more that the contravention did not happen, due to incorrect details on ticket/location.

Dear Sir/Madam,

Re PCN number:

I am the keeper of the vehicle which received this purported 'parking charge'. There will be no admissions as to who was driving and no assumptions can be drawn. I am not liable and 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 are in small print and the onerous terms are not readable.

Should you fail to cancel this PCN immediately, I require the following information with your template rejection:

1. Does your charge represent damages for breach of contract? Answer yes or no.
2. Please provide dated photos of the signs that you say were on site, which you contend formed a contract.
3. Please provide all photographs taken of this vehicle.

I am alarmed by your contact and I do not give you consent to process any data relating to me, or this vehicle. I deny liability and will not respond to debt collectors. You must consider this letter a Section 10 Notice under the DPA, and should you fail to respond accordingly, your company will be reported to the Information Commissioner.

I have kept proof of submission of this appeal and will also be making a formal complaint to your client landowner.

If you are a current BPA member, send me a POPLA code. If you are an IPC firm, cease and desist with all contact.

Yours faithfully,

Thanks again for your help.

KeithP

You are making the mistake of thinking that anyone is going to read your appeal.

As advised, just send the appeal text you found in the NEWBIES thread.

How many appeal texts did you find?

Why did you pick that one?

Who are the parking company?

Quentin

Whilst trawling through the Newbies FAQ you will seen the advice never to reveal who was driving

You need to edit your post to remove details of who was driving

The ppcs monitor this forum and can use your posts against you

b20lgr

Hi Quentin and KeithP

Thanks for the advice, that was the only appeal text that I managed to find, do I appeal using that and then go in to more detail once at the POPLA stage?

My username does not indicate to my name or any registration plate linked with the ticket.

Thanks guys.

waamo

The idea of that appeal is simply to get the ball rolling. The real appeal happens at POPLA.

KeithP

b20lgr wrote: »

My username does not indicate to my name or any registration plate linked with the ticket.

But it is highly likely that you will be submitting an appeal.

PPCs trawl forums like this just waiting for people to trip themselves up, and if the recognise your later bespoke appeal and can possibly deduce that the appellant is not only the keeper but the driver too, they have a much easier job in winning.

For this very reason, the word 'I' has no place in any description of events on the day.

It was the driver that drove the car on that day, and it was the keeper that received the PCN through the post.

Of course you are totally free to ignore Quentin's suggestion, and anyone else's.

Again, who are the parking company?

b20lgr

Understood, thank you KeithP.

The company is Wing Parking.

Will send the appeal off now and let you know how I get on.

Coupon-mad

Wing operate a 3 stage appeal, the middle bit will require you to send the same appeal to their landowner, then finally you will get a POPLA code.

Please don't post asking what to do next when you hit that middle stage, spare the forum, we are busy!

The landowner there might be the Council (Greenwich or somewhere?) and quite possibly not 'relevant land'. Does the postal PCN mention keeper liability after 28/29 days? Or not?

b20lgr

Hi Coupon-Mad

They've replied rejecting the appeal and have given details for Popla.

I understand this is now where I appeal that the contravention did not occur due to the road name being wrong?

The local council is Brent Council, I've had a ticket from Wing on behalf of Greenwich and the correspondence has Greenwich council logo on it, something I've not seen on this ticket.