POPLA code received

Sukikingfisher

Hi and thanks in advance for any advice given.

So, in November a windscreen PCN was attached to a vehicle registered to me. Apparently it was parked for approx. 12 minutes on the forecourt of a factory unit. It was a Sunday and the factory was closed and no other vehicles were present. The driver had reversed off the main road onto the forecourt and had not seen the "no parking" signs.

The PCN was issued quoting an incorrect registration number and it did not provide the location of the parking infringement. Instead of providing the name of the factory unit it quotes the name of the road twice, e.g. "Smith Road, Smith Road, Anytown. As the registered keeper I am unable to determine where the vehicle was parked and the photo evidence providing with the NTK does not make it clear either.

30 days after the PCN was issued, I received a NTK claiming to be a PCN superseding the previous PCN.

I have read lots of advice on here and appealed after 26 days of the "2nd" PCN with a few sentences saying I didn't accept the charge. The purpose of this was to obtain a POPLA code which I now have. I have drafted the following and would appreciate help and advice.
Dear sirs,

Subject: Appeal to Parking Charge Notice (“PCN”) and subsequent Notice to Keeper (“NTK”)

Vehicle Registration Number (VRN No): PCN xxxxxxxx Re-issued under number xxxxxx

I am contacting you in my capacity as Registered Keeper of the above mentioned vehicle.

I am appealing against the parking charge on the following grounds:

1. The PCN!that was placed on the windscreen was deficient for the following reasons:
a. an incorrect car registration number has been provided on the PCN; and
b. insufficient details of the location of the alleged parking infringement are provided as “xxxxx Road” is a public highway

2. The NTK issued on the xxxxxxx, purports to supersede the incorrectly served PCN. Therefore, UKPC acknowledges that the PCN was deficient. NTK cannot!be!regarded as the new!PCN. The PCN was incorrectly served and therefore invalid. Therefore, the NTK should have been issued within 14 days of the alleged parking infringement as required under POFA 2012 regulations. However, it was issued 30 days after the alleged parking infringement.

Yours faithfully,


Thank you!

KeithP

Is that your appeal to PopLA?

How does that compare with some of the PoPLA appeals that you will have seen in post #3 of the NEWBIES FAQ sticky thread?

You were pointed towards the NEWBIES thread in your earlier thread.

Why have you now started a second thread?

Redx

as this seems to be UKPC, I stronly suggest you read post #3 of the NEWBIES FAQ sticky thread, and construct a "peoper" popla appeal, then post it below for critique (ie:- one that is much , much better than the above post, based on similar examples seen on here in the last 12 months or so)

Umkomaas

1. If the windscreen ticket had an incorrect VRM, how did they manage to access your data from the DVLA?

2. They cannot issue a 'revised' NtK and attempt to hold the RK liable - PoFA requires that the NtK fully reflects the details of the Notice to Driver (NtD). Your POPLA appeal will need to reflect this.

3. If they are saying the contravention took place on 'Smith Road', write to the local authority and get them to confirm that 'Smith Road' is the public highway. You then add this to your POPLA appeal, that UKPC are ticketing on a public highway. You also report that to the DVLA and BPA.

If their parking gimp can't get the ticket right, they deserve everything you can throw their way!

Sukikingfisher

Redx wrote: »

as this seems to be UKPC, I stronly suggest you read post #3 of the NEWBIES FAQ sticky thread, and construct a "peoper" popla appeal, then post it below for critique (ie:- one that is much , much better than the above post, based on similar examples seen on here in the last 12 months or so)

Hi, I've spent all afternoon reading through the forum to try to work out the grounds upon which to launch a genuine appeal. Many of the other examples seem to have better grounds, i.e. a fee was paid but the driver had input a slightly incorrect VRN, or someone had parked slightly outside lines, or their parking ticket wasn't prominently displayed. I didn't think the details about signs applied in this case because apparently, had the driver driven onto the forecourt instead of reversing, they would have seen the signs because there are several of them and they are obvious. Also, looking through some of the POPLA decisions, I saw that they sometimes accepted an appeal based on one or two relevant points and seemed to ignore the rest. I thought incorrect details on a PCN would be enough so I based the draft on what I thought was relevant to this case. I will take another look through at some of the examples, but there is so much information that it really is mind boggling for the uninitiated. I can assure you that the brief draft wasn't done out of laziness, I just wanted help to get it right.

The fact is that the car was parked on a private forecourt and, had it been parked on a day the factory was operating, it would have deprived someone of a car parking space and the driver would probably have paid the fine. However this was for 12 minutes when the factory was closed which seems grossly unfair but the signs were there. However, an incorrect VRN was used on the PCN and the attendant couldn't be bothered to clearly identify the factory forecourt.

UKPC must have looked at their photographs before applying to DVLA to obtain my address and noticed the VRN error, or perhaps DVLA rejected their first attempt to obtain my address as the incorrect VRN is an invalid one.

Thanks for taking the time to reply.

Coupon-mad

Many of the other examples seem to have better grounds, i.e. a fee was paid but the driver had input a slightly incorrect VRN, or someone had parked slightly outside lines, or their parking ticket wasn't prominently displayed.

None of the POPLA templates in post #3 of the NEWBIES thread are like that.

Please reply on your initial thread and let this one die, or ask for them to be merged.