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PCN DYL Private Land

Hi,

I have recieved a PCN for vehicle 'parked' (it was actually loading) on double yellow lines on private land.

The company issuing the PCN are BPA approved.

After sending the template letter in newbies thread, I have recieved a response stating that the infringement arises from:

"...breach of the notified terms and conditions of parking stated on the signs that the landowner has requested us to erect and permitted to remain erected at this location. These include: Private Land. No parking on yellow lines/footpaths or cause an obstruction of any kind".

Their images clearly show that the vehicle does not cause an obstruction to other traffic.

They also claim no grace period applies as the driver is not seen observing the nearest signs. They have provided no evidence to support this claim.

Their images show that the vehicle was observed for less than two minutes.

Any advice on how to proceed would be appreciated.


Thank you
«1

Replies

  • UmkomaasUmkomaas Forumite
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    This is a completely unregulated sector, they make up the rules to suit their hunger for money. DYLs have no relevance on private land. The PPC could for example say no parking or no loading or even no red cars on them on Thursdays - contravene any and they'll reckon you owe them money.

    Which PPC? Have you received a POPLA Code?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
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  • The PPC is Private Parking Solutions (London) Limited.


    I have not received a POPLA code
  • edited 31 January 2019 at 4:40PM
    FruitcakeFruitcake Forumite
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    edited 31 January 2019 at 4:40PM
    sug4r_cube wrote: »
    The PPC is Private Parking Solutions (London) Limited.


    I have not received a POPLA code

    When you get the code, create a draft PoPLA appeal using all the relevant points from post 3 of the NEWBIES including "loading is not parking." Post your draft here for checking before you submit it.

    If you haven't got a code by say day 40, complain to the BPA and DVLA that you are being denied your right to make an independent appeal.

    Double check your reply from the scammers to make sure they haven't hidden the code somewhere.

    Whatever else you do, please complain to your MP about this unregulated scam.
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  • Great, thanks.

    I definitely haven't recieved it, should I request the PoPLA code from them?
  • FruitcakeFruitcake Forumite
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    sug4r_cube wrote: »
    Great, thanks.

    I definitely haven't recieved it, should I request the PoPLA code from them?

    As I said before,

    "If you haven't got a code by say day 40, complain to the BPA and DVLA that you are being denied your right to make an independent appeal."

    What is the date of the alleged event?

    What is the date the NTK was received?

    How long ago did the keeper appeal?
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • The_DeepThe_Deep Forumite
    16.8K Posts
    The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

    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 Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

    All five readings are available to watch on the internet, (some 7-8 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.
    You never know how far you can go until you go too far.
  • No problem.


    Alledged incident date was 16/01/19.

    NTK was sent 21/01/19.

    Appeal was lodged 23/01/19.
  • Is there a template letter I can use to write to my MP?
  • KeithPKeithP Forumite
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    sug4r_cube wrote: »
    Is there a template letter I can use to write to my MP?
    No .
  • Coupon-madCoupon-mad
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    Are you sure the rejection letter has no POPLA code at the top in the refs & headings, or in the blurb near the end, where they point the way forward. It must be there.
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