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Can you check if this appeal is adequate please?

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Comments

  • HappyUser
    HappyUser Posts: 301 Forumite
    The PCN on the windscreen was that: https://unsee.cc/bac84a3e/


    1) Do I need to wait 56 days in order to use the ' A compliant Notice to Keeper was never served - no Keeper Liability can apply.'?
    Perhaps I shouldn't risk that in case they do send a NTK?
    2) Does this PCN mention 'nothing about the POFA 2012'?

    So is any of these relevant? https://forums.moneysavingexpert.com/showpost.php?p=71287643&postcount=2345


    3) Is this relevant and do I just copy/paste it? No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice
    https://forums.moneysavingexpert.com/showpost.php?p=71287628&postcount=2343


    4) Is this relevant and do I just copy/paste it?
    The operator has not shown that the individual who it is pursuing is in fact the driver who may have been potentially liable for the charge
    https://forums.moneysavingexpert.com/showpost.php?p=71287626&postcount=2342


    5) Is this relevant and do I just copy/paste it?
    The signs in this car park are not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself
    https://forums.moneysavingexpert.com/showpost.php?p=71285691&postcount=2341

    Do I need to annotate the images or I leave them as they are?


    6) Is there anything else that I can use and where can I find the text for it?


    Thanks
  • HappyUser
    HappyUser Posts: 301 Forumite
    KeithP wrote: »
    No way?? That is an exaggeration.

    You are right, H.M.Land Registry will charge £3.00.

    My local council has a spreadsheet on their website listing all the properties that attract Non-Domestic Rates, and says who pays those NDRs.


    It's Basildon, I have no idea where to find that published info.
  • Fruitcake
    Fruitcake Posts: 59,484 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 18 August 2019 at 5:34PM
    HappyUser wrote: »
    1) What is NTD? There was only a PCN in a yellow envelop attached to the windscreen. Is that what you mean by NTD?


    There was no NTK.


    The sticky thread does not mention anything about 'notice to driver' or 'NTD'.


    2) There is no way I can find out who owns the land. I asked the council and they told me to ask the land register which wants me to pay to provide that info.

    Surely you have read the sticky thread for NEWBIES that asks you to read it before posting? It answers all your questions about acronyms and abbreviations.

    If there was no NTK then why do you refer to one in your PoPLA appeal?

    You really, REALLY need to read and understand the NEWBIES, and you really, REALLY need to read and understand the PoFA 2012, and really, REALLY need to read and understand all the PoPLA appeal template points from post 3 of the NEWBIES.

    We can't keep answering your questions when they are already answered in the information either given or linked in the NEWBIES.

    As for finding out who owns the land, ask the TOC. Ask the council who pays business rates, or pay the Land Registry a few quid.

    We can point you in the right direction, but you have to do the legwork.
    I married my cousin. I had to...
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  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You can use each of those points as a basis of a PoPLA appeal.

    You need to read each one and adjust each one to fit your circumstances.

    But you already know that because it clearly says in post #3 of the NEWBIES thread:
    Easier than it sounds because we now have a number of POPLA appeal points covering the essential areas for appeal. They are in 'near template' state, but will need to be checked first against the circumstances of your parking event.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    HappyUser wrote: »
    It's Basildon, I have no idea where to find that published info.
    Then look on Basildon's local council's website.

    No-one is going to do that for you.
  • HappyUser
    HappyUser Posts: 301 Forumite
    edited 6 August 2019 at 10:10PM
    KeithP wrote: »
    Then look on Basildon's local council's website.

    No-one is going to do that for you.


    I found this https://www.basildon.gov.uk/article/5193/Business-rates-published-data-on-National-Non-Domestic-Rates


    But nothing is mentioned for that street.


    EDIT: they had it with typo!


    It's BasildonTownCentreManagementLtd, what do I do with that now?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As Fruitcake has already said, please stop asking questions that are already answered in the NEWBIES thread.
  • HappyUser
    HappyUser Posts: 301 Forumite
    From a previous much different appeal, I used the following:


    1) Grace Period: BPA Code of Practice–non-compliance
    2) There are no entrance signs for the regular entry and signs in this car park are not prominent, clear or legible from all parking spaces.
    3) No Evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice
    4) No Evidence of Period Parked – NtK does not meet PoFA2012 requirements
    5) Vehicle Images contained in PCN: BPA Code of Practice – non-compliance



    Do you think all these would apply?
    For 4), there is 'observation from-to' in the PCN, is that enough?
    For 5), there are no images in the PCN but they have them on their website, is that enough?


    Please let me know what else I should include.
  • HappyUser
    HappyUser Posts: 301 Forumite
    KeithP wrote: »
    As Fruitcake has already said, please stop asking questions that are already answered in the NEWBIES thread.


    The sticky is extremely badly written and it is very disorganised and confusing.


    I read "appeal online or by email at around day 26 after a windscreen PCN". This is day 27, there was a Windscreen PCN and I was about to appeal to POPLA but you are saying that's wrong.


    Also, you said:
    KeithP wrote: »
    I don't think so.

    PoPLA appeals are bespoke.


    but I read on the sticky " APPEALING IS NOT COMPLICATED, YOUR APPEAL IS ALREADY WRITTEN FOR YOU BELOW FOR YOU TO COPY & PASTE INTO THE PPC's ONLINE APPEAL PAGE."
  • HappyUser
    HappyUser Posts: 301 Forumite
    KeithP wrote: »
    As Fruitcake has already said, please stop asking questions that are already answered in the NEWBIES thread.


    You mean to ask the land owner to cancel the PCN? There is no chance.
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