Extortionate charges

lastmanstanding

I haven't missed any deadline due to being pedantic, I still have the same personal issues that caused me to forget to renew the parking so that is why I am late to address the PCN's and arrive at this forum.

PCN - NTK - same thing, not sure why addressing the form as either should be an issue.

Redx

lastmanstanding wrote: »

PCN reminders only, nothing else yet.

you said the above

meaning that you didnt seem to realise that the first PCN was actually the NTK, hence all the replies telling you that the first postal PCN was the NTK, even if it didnt say so

I said appeal as keeper , so chose the closest match that doesnt give away who was driving

you have missed a lot of the basics because you are bringing up stuff that has been determined years ago

the rules are that the letter is deemed to be delivered 2 days after posting, this is how the courts see it, so all they need is proof of posting , not proof of delivery , they dont need proof of delivery

if they did this and adhered to POFA2012, they can hold a keeper liable

I suggest you concentrate on doing the appeal, not trying to learn the whole topic in a few hours , most of the regulars here have years of experience and knowledge, I even contributed to the BEAVIS fighting fund

just do was we say and answer any questions put to you, dont try to find all the scheming ways to weasel out of it, because PE have it sewn up most of the time, hence why they won the BEAVIS case

in other words, they know a lot more than you, and they play the game very well indeed


your posts are coming off as mister outraged, with a red mist over your eayes, take a chill pill and take it slowly, apart from appealing asap , using the BLUE TEXT appeal, unchanged, no additions, no blabbing, no faffing around, just do it !

KeithP

lastmanstanding wrote: »

Should I appeal the following?

... Keeper liability not established
... No authority (ParkingEye PCN states they 'manage' the land)
... Pay car parks (the car park is a pay car park but has 20 minutes free)

Also, None of the letters were post dated so how is it possible for ParkingEye to know when they actually arrived?

Thanks

Forget all that.

Do as Waamo suggested earlier this afternoon:

waamo wrote: »

You should (just) still have time to get an appeal in. Send the blue template from the Newbies thread ASAP as it's starting to cut things fine.

Send it unchanged.

Send it now!!

lastmanstanding

I apologise if my posts seem to be 'coming off as mister outraged, with a red mist over your eayes'

'most of the regulars here have years of experience and knowledge': yes, that is why I and others are here, we also need the regulars to understand that they have been writing on this forum for a lot longer than us non-regulars have so some patience would be appreciated if we don't immediately talk your language, write as you would do or remember every sentence from every paragraph on every page we have read whilst researching the topic.



Thank you for your assistance so far.

Redx

we want you to concentrate on what to do about it and dont second guess what we are telling you , to do it calmly, to not let your personal issues cloud your judgment and to not try to dissect the BEAVIS case at the same time

just accept that what regulars tell you is correct (unless proven otherwise), accept that £100 is not extortionate in the eyes of the law, accept that you use the blue text template unchanged, despite your misgivings, appeal as keeper if you can do so, and dont look for the words NOTICE TO KEEPER on your postal paperwork, by default it is a notice and addressed to the keeper, ergo its an NTK, which you said you had NOT received

dont think the postal question will help as long as you received it by day 15 following the incident (typically 2 days after the date of the first PCN) , so check for the POFA paragraph on the first NTK, is it there ? or not ?

it would be easier to help you if you put all notions out of your mind for now , the main thing was to get an appeal in BEFORE the window closes, nothing else matters until that has been done


if you cannot take the criticism now, PE will wipe the floor with you in court, and they WILL take it to your local court , and any further courts , they have the BEAVIS ruling on their side

Redx

lastmanstanding wrote: »

Also, None of the letters were post dated so how is it possible for ParkingEye to know when they actually arrived?

Thanks

have a read of this

https://www.moneyclaimsuk.co.uk/creditor-and-claimant-questions-and-answers/when-is-meant-by-deemed-served.aspx

all they have to prove to a court is the date they sent it , like proof of posting (not proof of delivery) , the rules deem the notional date it is delivered to the address they posted it to. same with all legal documents etc

if they can convince a judge so that judge is "more sure than not" , say 51% (like brexit , lol) that it was sent when it was drafted or soon after , then they add the deemed delivered aspect to it

the crucial deemed delivered date is by day 15 (14 days after the incident date) , this is in order to comply with POFA, so if PE believe they did it in time, they add the POFA paragraph , but if they missed the window, they omit that POFA paragraph

all explained in the NEWBIES thread , see the "golden ticket" references for this , this was one reason BEAVIS was peobably held liable, unless he appealed as driver, or ignored it, or missed the deadlines etc

your BEST BET is to complain to the hospital (PALS if its for a patient , HR if its as an employee) and get them to cancel it, there is no better way of resolving it than a landowner cancellation

see this page


https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

lastmanstanding

The POFA is on the 1st PCN / NTK.

I am drafting my appeal now, the blue text, whilst helpful is not complete however I will use that as a template.


Thanks again for all the advice.

KeithP

lastmanstanding wrote: »

I am drafting my appeal now, the blue text, whilst helpful is not complete however I will use that as a template.

You seem to be assuming that someone will read your appeal.

Good luck. I'm out.

Redx

thats fine as long as you dont blow your toes off in admitting who was driving, because at this stage they do not know

if the POFA paragraph is there, they believe it would arrive by day 15 when they sent it , which means POFA wont help you as keeper

the better their compliance, the worse it is for the recipient


as KeithP says , we do not believe they read appeals, we think some 16 year old fresh out of school on mimimum wages auto rejects them and issue a popla code , regardless

waamo

The idea of the blue template is to get a POPLA code without giving away who was driving.

It is at POPLA you are looking to get a result. In that respect the blue template is complete and interfering with it may result in a huge error.

Whilst you wait for you POPLA code start reading up on POPLA appeals in post 3 of the Newbies thread. Don't panic you have plenty of time to hone it to perfection.