Parking Charge Limited PCN

KeithP

KeithP wrote: »

Here's your link:

https://www.flickr.com/photos/165954634@N08/with/47897858051/

Link now working again. A hiccup at Flickr.

Le_Kirk

Ah, that's better than a Panda!

Jobijoba

yes workin again, sorry nothing to do with me!

Coupon-mad

That NTK is worded to be a POFA one, but it can't be compliant with 9(2)i as it neither states the true* date posted or 'given':

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

''9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.
(2)The notice must—

(i)specify the date on which the notice is sent (where it is sent by post) or given (in any other case).''




*12th May was a Sunday. It CANNOT have been posted that day. Not possible.

Jobijoba

To play the devil's advocate is does not say "posted" so it could have been "sent" on a Sunday, post does not operate on Sundays but it is stil a day of the week isn't it?

Either way with all various elements which have been brought up, I wonder what is best to use, bearing in mind they will reject it anyway as there are in the business of being scammers and not in the business of being reasonable and fair, so I am thinking what to use, get the POPLA code and then appeal.

These are the points in no particular order, I can use, either all of them, just one, 2, 3.. I don't know this probably does not make much of a difference:

1. No evidence of car entering/exiting car par on photos provided by camera
2. Car was parked ot of the car park on an unmarked space with no signage
3. I was not the driver
4. PCL buying data from DVLA not GDPR compliant
5. No terms and conditions on signage but just tariffs
6. PCN not POFA complant as date sent is a Sunday and it can't have been sent on a Sunday
7. No signage with no terms and conditions at the entry of the Private land and No terms and conditions on signage before car park but just tariffs

And more/others I can't think ..

Thoughts?

Coupon-mad

Scum parking firms are not open on Sundays. Never ever. They are lazy greedy gits who can't get a real job/have no conscience...but no way was ANY 'work' done to extort money from you, or send things to you, on a Sunday.

but it is still a day of the week isn't it?

Not as defined in the POFA, no, not as regards posting letters.

Your #4 is a non starter.

You seem to have missed the usual POPLA templates from the NEWBIES thread as you didn't mention template points we suggest there, landowner authority or 'the appellant has not been shown to be the individual liable'.

Jobijoba

Would that work?

Dear Sir, Madam,

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence.

- The vehicle was not parked in the actual car park and photographs evidence shows the car in and out of the lane leading to the car park, with no signage with terms and conditions. The vehicle was not parked in the cark park but in an unmarked space outside of the car park with no signage with terms and conditions.

- The only visibe signage before the entry of the lane eading to the actual car park shows no terms and conditions and refers to signage with no terms and conditions but tariffs.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,

Umkomaas

The vehicle was not parked in the actual car park and photographs evidence shows the car in and out of the lane leading to the car park, with no signage with terms and conditions. The vehicle was not parked in the cark park but in an unmarked space outside of the car park with no signage with terms and conditions.

You need to be very careful in admitting anything, as you never know what they might have relating to that road.

Your initial appeal is highly unlikely to achieve any cancellation - whatever you say, so it's best not to say anything. Simply use the standard text from the NEWBIES FAQ sticky, get your POPLA code and go from there. They only manage a 25% success rate at POPLA. (See page 16 of link below).

https://popla.co.uk/docs/default-source/default-document-library/popla-annual-report-2018.pdf?sfvrsn=0