NTD from LPS (Local Parking Security Ltd)

Castle

Weasel_Watcher wrote: »

Nice find. Very happy to do that. Let's get this thing crushed at POPLA first though. Pretty sure POPLA won't be inerested in that.

Very true, even though it's a requirement of their COP (section 2.4) to comply with the relevant legislation.

Weasel_Watcher

The extra point of appeal I have added is ;

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The Notice to Driver is not POFA (2012) compliant.
POFA (2012) Paragraph 7 details what steps need to be taken with respect to the Notice To Driver, in order to hold the keeper liable.
http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted
The notice that was issued to the driver is not compliant with this.

Paragraph 7 (2) States that

The notice must-
(a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates


(b) inform the driver of the requirement to pay parking charges in respect of the specified period of parking and describe those charges, the circumstances in which the requirement arose (including the means by which it was brought to the attention of drivers) and the other facts that made those charges payable;
Pics 2.1 & 2.2 show that the text in The Notice to Driver is non-compliant.

Therefore no keeper liability can apply.


<Then embedded the two Notice To Driver pictures posted above>

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Please let me know if there is anything else I should add (or remove). I'm ready to upload the pdf as soon as possible.


Thanks again.

Coupon-mad

"Excess Charge Notice"

An Excess Charge has a specific meaning as a fine or penalty charge issued by local authorities, or town councils under byelaws only. I would add a new point about that, and quote these parts of the BPA CoP:

http://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2018.pdf

2.13 The Code does not cover on-street or off-street car
parking control and enforcement led by local authorities
and regulated by, for example:
- the Road Traffic Regulation Act 1984
- the Road Traffic Act 1991
- the Traffic Management Act 2004.
These are covered by detailed statutory control and
regulation and can include:
- immobilisation
- removal of vehicles
issuing penalty charge notices and excess charge notices.

14 Misrepresentation of authority
14.1 You must give clear information to the public about what
parking activities are allowed and what is unauthorised.
You must not misrepresent to the public that your
parking control and enforcement work is carried out
under the statutory powers of the police or any other
public authority. You will be breaching the Code if you
suggest to the public that you are providing parking
enforcement under statutory authority.
14.2 You must not use terms which imply that parking is
being managed, controlled and enforced under statutory
authority. This includes using terms such as 'fine', 'penalty'
or 'penalty charge notice'.

Weasel_Watcher

Thanks. I've incorporated all the suggestions and submitted the appeal.


The POPLA site is a bit of a dog to negotiate and there's only limited instructions in the sticky thread. I am assuming I did everything correct. I ended up selecting "Other" browsed to, and attached the PDF, clicked upload. Confirmed the bin icon appeard and clicked submit.

I'm a bit paranoid about whether or not they got the upload, but in the section that tracks appeals there's no way to check. Still, everyone else manages to do this OK, so it just must be me

Regardless how this goes, thank you to everyone that helped.

Weasel_Watcher

And the result...
Success!

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Appeal has been withdrawn by the operator

Withdrawn on 27/06/2018
Verification Code

3711318005

Withdrawal reasons

Upon looking further into the evidence, we have cancelled the Parking Charge Notice on our system.

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Thank you so much to everyone who helped; Fruitcake, KeithP, The Deep, nosferatu1001, Castle, and of course the amazing Coupon-mad.

I might stick around here a bit, now I've got the taste for blood against these scammers.
Typically, I made all the beginners' mistakes, but this has taught me a lot.

Here's a redacted copy of the full appeal
[FONT=&quot]https://www.scribd.com/book/382697256/POPLA-Appeal-red-pdf
[/FONT]

Castle, I'll let you know if I get anywhere with trading standards regarding their additional credit/debit charges.


Thanks again all. Hopefully see you all around.


Edited to add: Do they still have to pay the POPLA charge given that they decided to withdraw?

Castle

Weasel_Watcher wrote: »

Edited to add: Do they still have to pay the POPLA charge given that they decided to withdraw?

No....not only do they save the fee but more importantly perhaps, the additional time and costs of preparing their own case.

Weasel_Watcher

That's a shame. Le'ts hope they get clobberedby by local Trading Standards, though my prior experience of them champion the rights of the consumer isn't great.

Coupon-mad

Well done for beating the scam! Do stick around, Weasel_Watcher, and help others! :T

Umkomaas

Good result, well done.

I might stick around here a bit, now I've got the taste for blood against these scammers.
Typically, I made all the beginners' mistakes, but this has taught me a lot.

It would be great to have you advising here, nothing like having someone who has personally gone through the pain of this process and come out the other side victorious.