POPLA appeal won! Tower Hamlets, NSL

maxxpayne

Hi Everyone,
Just wanted to share some great news with you.


Last year, while visiting a relative in Tower Hamlets, east London, we received a PCN from NSL.



The car was parked at a designated bay for which our relative had a valid permit - but initially without the permit as our host told us that it won't be a problem and to take our time. However, by the time we did that, to our dismay found that a PCN had been issued!


We appealed via NSL's website (I didn't know anything about waiting 28 days etc. at that time) within 14 days and as usual the appeal was rejected - but NSL did provide a POPLA reference no.


This time around, I read all the superbly helpful posts on the forum (including the sticky) and appealed on the following grounds:


1. A compliant Notice to Keeper was never served - no Keeper Liability can apply.
2. The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge
3. No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice
4. The signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself
5. The car was parked in a bay with valid permit which was displayed after a short gap anyway


The appeal came back successful based on (3).



Once again, thanks to all of you for building up a great community to fight the the parking cowboys. Well done!



Now I have to deal with a CPM (UK car park management) ANPR based ticket that we got issued because of Failure to Pay for the Duration of Stay which I would like to contest.



CPM claims that the contravention happened on 9th Nov and they issued the PCN on 26th Nov, but we only got a letter dated 27th Dec which claims to be a Formal Demand etc.


So I guess we wait till 24th Jan and then start the usual process?
Unlike NSL, these guys are member of IAS and not even POPLA.


Thanks again!

Redx

there is no reason to delay an appeal to a postal NTK, and they may only allow 21 days anyway

plus its a paper excercise, as they wont consider the appeal, but reject it out of hand

Coupon-mad

Now I have to deal with a CPM (UK car park management) ANPR based ticket that we got issued because of Failure to Pay for the Duration of Stay which I would like to contest.

CPM claims that the contravention happened on 9th Nov and they issued the PCN on 26th Nov, but we only got a letter dated 27th Dec which claims to be a Formal Demand etc.

So I guess we wait till 24th Jan and then start the usual process?
Unlike NSL, these guys are member of IAS and not even POPLA.

No need to wait, and the appeal will be declined.

No way to stop the robo claim unless the landowner will cancel it if you complain, so start reading up on UKPCM Gladstones court claim defences. We win 99% of them here!

A life experience for you this year.

maxxpayne

Coupon-mad wrote: »

No need to wait, and the appeal will be declined.

No way to stop the robo claim unless the landowner will cancel it if you complain, so start reading up on UKPCM Gladstones court claim defences. We win 99% of them here!

A life experience for you this year.

I've fired off an appeal using the template via their appeals website.
Will keep everyone posted, thanks!

The_Deep

It is the will of Parliament that these scammers be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

maxxpayne

As you predicted with much wisdom, an appeal vis the website generated nothing. However, a steady stream of intimidating and threatining letters followed, culminating in a Country Court claim letter this week.


So now, it's time for the real showdown I guess...


Should I now follow the instructions in https://forums.moneysavingexpert.com/showpost.php?p=76369878&postcount=4?



Any suggestions would be much appreciated.


Many thanks!

Coupon-mad wrote: »

No need to wait, and the appeal will be declined.

No way to stop the robo claim unless the landowner will cancel it if you complain, so start reading up on UKPCM Gladstones court claim defences. We win 99% of them here!

A life experience for you this year.

Redx

yes , but post your own ISSUE DATE below , if its not the 7th oct

read post #2 of the NEWBIES thread too

and email a SAR to the DPO at the PPC (claimant) and get all your data , attaching a copy of the claim form and a copy of your V5C as proof of I D under the GDPR law (DPA)

maxxpayne

Hi,
The issue date is 7th October. This is the date written on the country court claim form. Does this have a bearing on my case?


Not sure what SAR, DPO and PPC is... Let me check the thread for explanation.



Thanks!

Redx wrote: »

yes , but post your own ISSUE DATE below , if its not the 7th oct

read post #2 of the NEWBIES thread too

and email a SAR to the DPO at the PPC (claimant) and get all your data , attaching a copy of the claim form and a copy of your V5C as proof of I D under the GDPR law (DPA)

Fruitcake

maxxpayne wrote: »

Hi,
The issue date is 7th October. This is the date written on the country court claim form. Does this have a bearing on my case?


Not sure what SAR, DPO and PPC is... Let me check the thread for explanation.



Thanks!

Common acronyms and abbreviations can be found in post 5 of the NEWBIES.

According to my calculations, the PCN was issued (and therefore received) too late for keeper liability to apply.

What happened when the keeper complained to the landowner?

Have you complained to your MP yet about this unregulated scam.

MarcoM

maxxpayne wrote: »

Hi Everyone,
Just wanted to share some great news with you.


Last year, while visiting a relative in Tower Hamlets, east London, we received a PCN from NSL.



The car was parked at a designated bay for which our relative had a valid permit - but initially without the permit as our host told us that it won't be a problem and to take our time. However, by the time we did that, to our dismay found that a PCN had been issued!


We appealed via NSL's website (I didn't know anything about waiting 28 days etc. at that time) within 14 days and as usual the appeal was rejected - but NSL did provide a POPLA reference no.


This time around, I read all the superbly helpful posts on the forum (including the sticky) and appealed on the following grounds:


1. A compliant Notice to Keeper was never served - no Keeper Liability can apply.
2. The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge
3. No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice
4. The signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself
5. The car was parked in a bay with valid permit which was displayed after a short gap anyway


The appeal came back successful based on (3).



Once again, thanks to all of you for building up a great community to fight the the parking cowboys. Well done!



Now I have to deal with a CPM (UK car park management) ANPR based ticket that we got issued because of Failure to Pay for the Duration of Stay which I would like to contest.



CPM claims that the contravention happened on 9th Nov and they issued the PCN on 26th Nov, but we only got a letter dated 27th Dec which claims to be a Formal Demand etc.


So I guess we wait till 24th Jan and then start the usual process?
Unlike NSL, these guys are member of IAS and not even POPLA.


Thanks again!

hi you mention you won because of n3 above.
did popla discard your statement that the pcn was invalid as it
was addressed to keeper after 14 days?

maxxpayne

Oh... that sounds interesting. So are you saying that UKCPM's first letter that was received, dated 27th December, claiming PCN issued on 26th November (but we didn't receive at that time) itself exnorates the keeper from liability? Or is is the country court claim dated 7th October that you're basing your calculations on?


Thanks!

Fruitcake wrote: »

Common acronyms and abbreviations can be found in post 5 of the NEWBIES.

According to my calculations, the PCN was issued (and therefore received) too late for keeper liability to apply.

What happened when the keeper complained to the landowner?

Have you complained to your MP yet about this unregulated scam.