Help needed for evidence pack rebutal

goan02

Hi,

Ive read through the newbies guide which was very helpful but have come up stuck. I parked in a rail station car park which was busy and all spaces were taken so I parked on an unmarked, unsignposted grass verge within the carpark, paid for a ticket and left and came back to a PCN for not marking within a marked bay. I sent a letter appealing and refusing to pay on insufficient signposting and GEPOL which was rejected. I then asked NCP for a copy of their contract over several emails over several weeks which they failed to supply.

I was a little hasty and appealed through POPLA stating the lack of contact which and lack of any stated boundaries to prove the owned or had a contract to manage the land of which they manage. They have now submitted an evidence pack which include's their witness statement. I've typed up a reply based upon their witness statement not being BPA:NCP compliant due to the lack of defined boundaries and no end date on their statement, plus the witness statement does not provide any proof that the contract provides the necessary authority required by the BPA Code of Practice but am struggling to get it to fit into the comments section provided, what would the best plan of appeal be in the comments be?

I have two days to reply, any help would be greatly appreciated.

Coupon-mad

I sent a letter appealing and refusing to pay on insufficient signposting and GEPOL which was rejected.

Was this back in 2015 when GPEOL was a thing? Where on earth did you dredge that up from? Doomed. You didn't put it in your POPLA appeal did you?

Did you imply or say who parked in any appeal?

For POPLA comments, don't use full sentences, no intro, no 'furthermore', etc.

goan02

I didn't put it in the popla appeal. I went down the route of no authority to issue fines and no proof that the land I parked on was managed by ncp at they didn't provide a contract when emailed or any proof of the boundaries they manage. They have since attached that to their evidence pack but is generic to all they manage for the owner and mentions no boundaries as code of practice mentions

Coupon-mad

Did you imply or say who parked in any appeal?

REALLY IMPORTANT given that this is byelaws land (not relevant land).

goan02

I haven't directly said who was driving. However in my appeal letter it sadly is implied by myself that I was

Coupon-mad

But this was winnable by being the keeper, as this is 'not relevant land' (POFA).

goan02

Is that something that I could still use? Guessing not?

Redx

Pofa does not apply to drivers, so not where it's clear who was driving

The urge to tell a story in the first person seems overwhelming and has led to many failures due to blabbing

In criminal cases the first thing a solicitor tells a client are the two words "no comment"

Your story above in post #1 is a case in point and could be used against you because you published it on the public internet for all to see

What happened on the day happened to the driver

What happened since that day happened to the keeper

For these purposes that is 2 different entities

The_Deep

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.

goan02

What happened on the day happened to the driver

What happened since that day happened to the keeper

For these purposes that is 2 different entities

I understand your first point about posting, didn't think much further ahead than asking for help.

What do you mean by the quoted part? Excuse me for being ignorant, first time dealing with these charges

MistyZ

goan02 wrote: »

What do you mean by the quoted part? Excuse me for being ignorant, first time dealing with these charges

I think what was meant is that even on here it is important not to identify the driver by any means whatsoever including the use of telling pronouns. The Registered Keeper has protection that the driver does not. Keepers should therefore get into the habit of referring to 'the driver', 'they' or indeed 'we' if the keeper was an occupant of the car.