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Advice on whether to add anything to the appeal template.

Trash_Man
Trash_Man Posts: 6 Forumite
I
THE KEEPER recently received a PCN from a local car park that THEY have used many, many times before.

After coming back from doing some chores THE DRIVER TRIED to pay for THEIR parking my entering THEIR reg into the machine.

THEY waited behind another user who was attempting to pay for their ticket, after a few minutes they ask THE DRIVER to try THEIR REG as the machine was saying their reg was not in the system. THE DRIVER entered THEIRS and got the same result, THEY then asked the next person to try and again the same, no reg is the system.

The first user said that it must be because it was a bank holiday and that it would be the same as a Sunday, meaning you could park there for free for as long as you liked. This made sense to THE DRIVER and the 3rd user. THE DRIVER BEING THE DRIVER, THEY still tried another machine with the same outcome, no reg in the system.

So THE KEEPER was wondering whether THEY should add this detail to the appeal or just post the standard template still?

Thanks for any help.
«1

Comments

  • Umkomaas
    Umkomaas Posts: 43,782 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It would help if you told us which parking company. Also a timeline, date of parking event and date of issue of the Notice to Keeper.
    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.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Trash_Man
    Trash_Man Posts: 6 Forumite
    edited 9 June 2019 at 3:32PM
    Umkomaas wrote: »
    It would help if you told us which parking company. Also a timeline, date of parking event and date of issue of the Notice to Keeper.

    Sorry about that :)
    Thanks again.
  • Umkomaas
    Umkomaas Posts: 43,782 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Trash_Man wrote: »
    Sorry about that :)

    I entered the car park at 10:31 and exited at 13:57. I don't have the exact time
    Parking company is SR Security Services LTD
    Date of parking: 27/5/19
    Issue date: 4/6/19

    Hope that helps.
    Thanks again.

    So they are a BPA AOS operator which means that the POPLA second stage appeal facility is open to you, and where you can get this killed off.

    The date of issue of the NtK puts it within the requirements of the Protection of Freedoms Act 2012 (Schedule 4) to hold the keeper liable for the charge, but you need to check the rest of the NtK (especially the PoFA warning) to see if it all complies with PoFA.

    Please go to the NEWBIES FAQ sticky, post #1 where you will find the processes you now need to follow to arrive at the POPLA stage.
    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.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Send the template as is. Keep your powder dry for POPLA.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Nine times out of ten these tickets are scams so complain to your MP.

    Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
  • Quentin
    Quentin Posts: 40,405 Forumite
    @OP


    Throughout here you are advised never to reveal who was driving


    You need to edit your posts to remove details of who was driving


    Also remove the unnecessary unique info you have given in #3 which will allow the PPC to identify you


    The ppcs monitor here and can use posts in your thread against you
  • Trash_Man
    Trash_Man Posts: 6 Forumite
    Quentin wrote: »
    @OP


    Throughout here you are advised never to reveal who was driving


    You need to edit your posts to remove details of who was driving


    Also remove the unnecessary unique info you have given in #3 which will allow the PPC to identify you


    The ppcs monitor here and can use posts in your thread against you

    Thanks for the advice and help.

    I've written the post as though I was driving and it was my ticket but this is not the case. I'm actually doing this for a relative. I was there at the time though.
  • tboo
    tboo Posts: 1,379 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Your relative has to be the one that signs everything and in the unlikely event that court happens they have to attend, are they aware of this


    You can write all the appeals etc for them but it's in their name.
    “You’re only here for a short visit.
    Don’t hurry, don't worry and be sure to smell the flowers along the way.”
    Walter Hagen


    365 Day 1p Challenge for 2021 #41 ✅
    Jar £440.31/£667.95 and Bank £389.67/£667.95

  • Trash_Man
    Trash_Man Posts: 6 Forumite
    tboo wrote: »
    Your relative has to be the one that signs everything and in the unlikely event that court happens they have to attend, are they aware of this


    You can write all the appeals etc for them but it's in their name.

    Yes we're aware and everything will be done in their name. Thanks for the warning though.
  • paulstevens64
    paulstevens64 Posts: 143 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Is it just me?

    From the posts so far I know that the keeper was the driver on the day. That is giving away who the driver is. Please amend you posts to avoid giving away the identity of the driver.
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