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Defence Systems (Park Watch) PCN

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2

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  • The_Slithy_Tove
    The_Slithy_Tove Posts: 4,024 Forumite
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    Advent123 wrote: »
    Can someone please advise if my appeal should be the usual....signage.....land ownership etc or could I just base it on the fact that the driver never stopped and didn't park. POFA is only concerned with parking?
    POFA (or lack of it) merely means they can't pin this on the keeper. This is why you must not admit at any point who the driver was. They can only go after the driver, and if they don't know who it was ...

    So, as well as no keeper liability, you go on the usual signage (as stated, impossible to read, forbidding, etc.) and so on.

    But start off with the standard pro-forma appeal from the NEWBIES thread.
  • Le_Kirk
    Le_Kirk Posts: 22,322 Forumite
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    Here is your link, checked and made live. I can read this one.
  • Coupon-mad
    Coupon-mad Posts: 131,817 Forumite
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    Remove #4 which is repeated by the better template you used in #6.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Advent123
    Advent123 Posts: 6 Forumite
    edited 6 August 2018 at 12:09PM
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    I've just recieved a reply to my evidence from Parkwatch. I dont think I need to respond to this unless anyone thinks otherwise. It clearly shows that the signage is innadequate to be read whilst driving around a roundabout. It still is discussing a parking fine, when I never parked. Point 5 of the customer Licence Agreement states....a parking charge may only be issued to a vehicle which parks in contravention......etc. It also doesnt detail the period of which I was parked as per POFA guidelines as I didnt park. What are these companies going to do next.......put a ticket on your car for driving slowly round a roundabout !!
    Link below.

    hxxps://drive.google.com/file/d/1ydc_ckKxhMY2XTs0CrjRPm6RwtFH7wwW/view?usp=sharing
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    If they took this to court they might struggle, but on the bright side, you might be able to claim punitive damages for unreasonable behaviour and/or counter claim for a DPA breach. Every cloud ...
    You never know how far you can go until you go too far.
  • waamo
    waamo Posts: 10,298 Forumite
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    Personally I would point out the obvious to POPLA. Some of their assessors aren't the brightest.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Same. Anything you DONT disagree with, POPLa assumes you AGREE with.

    So point out

    1) they have no authority to issue charges for people htat havenyt parked, see...
    2) The signage cannot be read
    3) they cannot commence a contratc without adequate notice, those signs cannot be read while driving
  • Advent123
    Advent123 Posts: 6 Forumite
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    Hi all,

    its taken some time but I've eventually had a decision from POPLA. Not good news as they have declined the appeal.

    The letter is attached.

    hxxps://docs.google.com/document/d/1HaYcmxcol7CKjG-A4p4DN2-B7cLs1E-jW8vppmwjqcA/edit?usp=sharing

    Any ideas what to do next or do I give in and pay the fine??
  • waamo
    waamo Posts: 10,298 Forumite
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    The actual odds of them going to court look pretty low http://www.parkingappeals.info/companydata/Defence_Systems.html

    Personally I would tough out the debt collectors letters and see if they do put a claim in.
  • Le_Kirk
    Le_Kirk Posts: 22,322 Forumite
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    Your link made live: -

    https://docs.google.com/document/d/1HaYcmxcol7CKjG-A4p4DN2-B7cLs1E-jW8vppmwjqcA/edit?usp=sharing
This discussion has been closed.
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