Parking at The Gym

niggle58

Thank you Redx

Is this a good approach? - My wife will reply to both PCNs to the PPC with:

Re PCN number:

I appeal and dispute your 'parking charge', as the keeper of the vehicle. I deny any liability.

My husband wrote to you previously but had no right to do so and I refute all he has said. There will be no admissions as to who was driving and no assumptions can be drawn, nor was there an agreed contract. Your signage terms fail the test of 'large lettering' and prominence of the parking charge, as established in ParkingEye Ltd v Beavis, which is fully distinguished.

Should you fail to cancel this PCN, I require with your rejection letter, all images taken of this vehicle & the signs at the location that day. Do not withhold any images or data later relied on for POPLA/court.

Firms of your ilk were unanimously condemned in 2018 as operating an 'outrageous scam' (Hansard 2.2.18). The BPA & IPC were heavily criticised too; hardly surprising for an industry where so-called AOS members admit to letting victims 'futilely go through the motions' of appeal and say on camera 'we make it up sometimes' (BBC Watchdog).

I will be making a formal complaint about your predatory conduct to your client landowner, as well as complaining in writing to my MP and ensuring that they are appraised of the debate where Parliament agreed unanimously: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''.

Can she send the same appeal to POLPA or do we have to be smarter creating a long and elaborate defence?

JJ_Egan

Personally the bottom part of the post/ letter would not get them onside .

<Firms of your il etc etc

B789

niggle58 wrote: »

...I now have a rejection letter with a POPL number saying I can't appeal to Smart but I can to POPL.

...as I said I have two now and I have been as stupid with the second as the first.

Correct me if I'm wrong but haven't you already replied to BOTH invoices? According to your earlier posts, you are already at POPLA stage for the first PCN.

niggle58

JJEgan - This is the recommended first-time letter from this site.

B789 I am, but my wife is the keeper and she has not replied.Hence her replying to both of them.

I am at the POLA stage with one of them not the other, although a letter has been sent.

niggle58

This morning I received a PCN in my name?? with the same PCN number as my wife's?

How does that work?

Coupon-mad

It's because you appealed and ruined the 100% winning position your wife will have had, as I said above.

You outed yourself as the driver, so they sent YOU the PCN in your name now as the liability was (wrongly, your bad) transferred to you. Smart have done this correctly and flipping heck this is sooo sad because they fold first time when they see a keeper appeal, using the forum template (NEVER THE DRIVER).

The wrong person appealed your wife's PCN. Gaaaahhh!!! Again!!!! OUCH.

Don't make that mistake with PCN#2...unless you have already appealed it?

The one you have a POPLA code for, I already told you the 'advanced search' keywords.

Redx

as above


you named or inferred who was driving so they have sent the driver a pcn, this is perfectly normal if a driver appeals , or a keeper appeals and names the driver

you said yourself that you have gone about this all wrong

as you have a driver pcn (NTD) then use the appeal template in the NEWBIES FAQ sticky thread to appeal it, this should then get you a popla code

if the second pcn has not been appealed yet, do it using the same blue text template but it comes from the KEEPER, as a keeper appeal

if it has been appealed by the driver, expect a second NTD to arrive and with the drivers details on it

just goes to show what a complicated mess people make when they start to blab , unless of course the keeper wishes to name the driver and let said driver deal with them both ?

more haste , less speed and all that

or act in haste , repent at leisure

if you get any more, follow the sage advice by coupon_mad in the NEWBIES FAQ sticky thread

the grounds for a popla appeal are also in that sticky thread too, so read them

also start with the POPLA DECISIONS sticky thread, working backwards and seeing what th winning popla appeals looked like by readg the associated threads that led to their successful appeals (by other members)

ie:- learn from what others have done before you

niggle58

Is there no point now sending the letter I posted up there from my wife telling them to ignore my appeal?

Coupon-mad

No. She cannot get involved now.

Sorry - you blew it, you got liability transferred to you and you should never have done that. It can't be reversed and you now have a 30 days window to appeal to POPLA.

You simply need to do what everyone else does - use a long POPLA appeal, same as everyone else who has blabbed about being the driver. Happens here every day - gaaahhh!

I gave you the keywords to search & read a few, let's see the POPLA appeal. You cannot use any points about the POFA/keeper liability in this one, same as all the other ones where people have blabbed about the driver.

So common is this, that you can search for the words blabbed POPLA and find threads exactly like yours who have gone to POPLA as a driver.

It just doesn't have the 100% WIN your wife had.

Do you at least have that available for the 2nd PCN, to do as per the NEWBIES thread?

Half_way

Stilll, not to orry too much, however its adviable to post anything you wish to send here first.
If the gym does not own the car park, or manage it - that is they havent appointed the PPC you need to go in gently in order to get a cancelation, or try.
It will also be worthwhile to try and find out who appointed the parking company and whos car park it is.
If the gym is rentig the land/premises then they will know who they are renting from, so this should be an avenue to chase up.
With a landowner cancellation you are looking for two outcomes:
an outright cancelation, or a statement from them that they do not want their agents ( the parking company) from pursuing this.