Link Parking | IPC

CCob

Hi,

Just looking for some quick advice on the standard template appeal letter and any changes that the keeper should make with the situation outlined below.

The driver had two windscreen PCN's when using a car park for a 2 day trip. The keeper has since received two NTK letters which arrived 40 days after the PCN's on the windscreen.

Unbeknown to the driver at the time there were two separate car parks. One machine in view was covered in a black bag, out of order. Quickly glancing around the driver seen another machine and paid using their online system. On returning to the vehicle and noticing the PCN's, some further investigation indicated the second pay machine was from the other car park. There was only a single machine in the car park that was used but it was not accepting coin payments. Only pay by phone or online, indicated by a small sign. The main body of the machine covered in black plastic.

The LTK's indicated that the reason for the PCN was "Not Displaying a Valid Pay and Display Ticket". In light of this and the obvious confusion with two different car parks seemingly in the same location should these additional details be included on the appeals letter or just use the standard one as is?

Thanks

KeithP

CCob wrote: »

...I had ignored based on the standard advise on here.

Where exactly 'on here' did you find that 'standard advice'?

It is wrong and needs to be corrected.

CCob

Quoted from the post titled **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!**

My understanding of the below info was that if the parking company was and IPC member, then you wait for the NTK letter first. Have I misunderstood this?

Thanks for your help.

Appealing a private PCN (England & Wales ONLY)


Windscreen ticket from a BPA member? = STOP - wait and research before appealing!!

If it was a windscreen 'PCN' (not postal, and not an Indigo Railway 'penalty' - see Q&A above) wait 3 weeks and in that time, you MUST check the firm is an AOS member with the BPA or IPC (GOOGLE & CHECK THEIR LISTS).

In the case of CURRENT (NON-DVLA-BANNED) BRITISH PARKING ASSOCIATION (BPA) AOS MEMBERS ONLY, appeal online or by email at around day 26 after a windscreen PCN but as the KEEPER, not driver, using the ''one size fits all'' blue appeal template below.


Q - ''But I want to appeal now! Why wait till day 26 before appealing a BPA member windscreen PCN?''

A - To tie them up in the appeals process at a time when they should also be posting a Notice to Keeper (NTK). Many PPCs in the BPA omit any NTK when replying to an appeal and the very fact a PPC forgets to send you a NTK by day 56, gives you a winning point at POPLA! Don't forget this tactic, and use it at POPLA stage: having appealed on day 25 or 26 after a windscreen PCN, make sure you take note of whether any postal NTK is ever received in the following weeks. A rejection letter with POPLA code is not a 'NTK'. You must include 'no keeper liability' at POPLA stage if you do NOT receive a NTK at all in that time, and you will win.



IPC members are different:

In the case of CURRENT IPC AOS MEMBERS ONLY, we now advise to WAIT for a Notice to Keeper to arrive and then challenge once online or by email, as the KEEPER, not driver, using the template appeal for IPC members, as shown below.

Q -''Why wait for the 'NTK' to arrive a month later, after finding an IPC member windscreen PCN?''

A: Because there has been shown to be no appeal worth trying really, you will get a rejection anyway, so you may as well leave it and see if they issue a NTK and let them apply to the DVLA (unless yours is a company or lease car of course, in which case you MUST appeal at windscreen PCN stage as stated at the end of this thread). Also, letting an IPC member get the data from the DVLA places obligations upon the PPC in the processing of that data which can have data protection implications for them if they misuse it (for example if they try to 'sell' the parking charge to a third party like MIL Collections).

Fruitcake

Waiting for the NTK from an IPC scammer is correct.

There is a difference between waiting and ignoring, so perhaps you might want to edit your wording to save further confusion.

You need to edit your first post to remove information about who did what and who saw what.

Only ever refer to The Driver and The Keeper, who are two different people. Do this before you do anything else.

KeithP

Ahhh, yes.

As Fruitcake says: "There is a difference between waiting and ignoring...".

CCob

Thanks both, I have updated the post accordingly.

CCob

So should the keeper update the template that is sent to reflect the circumstances or just leave it as is on the FAQ.

Thanks.

nosferatu1001

Its a template for a reason.

CCob

Hi All,


OK, an update for you all. The registered keeper (defendant) has received a small claims court letter and has responded with the Acknowledgment of Service. Would you suggest a single form of defense or multiple?



The defendant has multiple lines of defense from unclear car park boundaries from one car park to the next, an out of order pay and display machine and only a mechanism to pay on line which means pay and display was not possible as the claimant letter deems the reason for claim.


Any advise here would be greatly appreciated.


Thank you.

KeithP

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

There is comprehensive guidance, together with many examples, on how to compile a winning Defence in post #2 of the NEWBIES thread.

CCob

The issue date is the 16th July. The defendant would have liked more time to prepare but of course it seemed they timed the issue date with a holiday!


I believe the defense needs to be submitted by the 18th August.


Yes, the form came from County Court Business Center in Northampton.