Local Council Refusing to Intervene in PCN

Redx

SotonCar wrote: »

I was more suggesting it if there was a court appearance as I would physically be there as the keeper!

In my appeal to PP I have stated that I was physically present at the car park - is that basically game over for me with this?

A civil court appearance is not mandatory, you are not summoned to appear in court

The case is a civil case in front of a judge, but can be heard on papers

Turning up is optional for both sides


So from what you are saying, when my wife drove me the registered keeper to Asda over 2 weeks ago, and I was present on site, if she had broken the parking rules then who is liable ? How would Parking Eye know who was driving ? What if PE failed POFA by sending the PCN to me yesterday ? What if she drove there and I drove back ?

There are 5 seats in my vehicle, so I could well be present, like when a few if us were at hospital recently, no PPC would possibly know who was driving

Think about it, as we have done for several years

SotonCar

This is my response from the mayor of Ilfracombe in relation to my complaint. I cited the POFA and the Kent report.

Dear Mr ——
I have over the last few days reviewed your submission carefully and discussed it with a fellow councillor.
Unfortunately we do not believe there are sufficient grounds to overturn the ticket.
As a member of the public you may attend a council meeting and make a statement to council during the ‘public participation’ item on the agenda where members of the public may address the council for 3 minutes regarding any concerns they may have.
With regards
Mayor
Ilfracombe Town Council

beamerguy

SotonCar wrote: »

This is my response from the mayor of Ilfracombe in relation to my complaint. I cited the POFA and the Kent report.

Dear Mr ——
I have over the last few days reviewed your submission carefully and discussed it with a fellow councillor.
Unfortunately we do not believe there are sufficient grounds to overturn the ticket.
As a member of the public you may attend a council meeting and make a statement to council during the ‘public participation’ item on the agenda where members of the public may address the council for 3 minutes regarding any concerns they may have.
With regards
Mayor
Ilfracombe Town Council

The way you treat arrogant councils is to tell your story to the press. It may well turn out that the council owes refunds to people.

Is it a Tory/Labour/Libdem council

What is your local MP ? apart from someone earning £70k plus to serve

SotonCar

Both are Conservative.

beamerguy

SotonCar wrote: »

Both are Conservative.

OK, well have a chat with your MP. Councils don't like it when MP's get involved ...... tell your MP you are taking this to the press.

Egbert_Nobacon

Try the Daily Mail as they seem to love parking stories particularly if they can get a sad face picture.

Hopefully this will embarrass ITC and put a bit more pressure on them to cancel.

SotonCar

I'm going to go with the POPLA appeal. Specifically I'm going to focus on the grace period rules as the PCN states I was 21 mnutes over, and that I am the keeper not the driver. I also think that the fact that RingGo is advertised, but not accessible, is another contributing factor.

Ralph-y

for the sake of clarity .......


I hope you understand to appeal all points ..


as in ...



1. No keeper liability, including Notice to Keeper errors (PoFA 2012)
2. The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge
3. No Contract to manage parking
4. Signage
5. Consumer Rights Act 2015
6. BPA Code of Practice breaches
7. Why Beavis doesn't apply in your parking event


note: more points are available


good luck


Ralph:cool:

SotonCar

Here is my first draft at the POPLA appeal. I've used some of the existing advice on the forum.

I appreciate the advice for newbies like myself posting repetitive comments about what to and what not to include in a POPLA, so have done my best based on existing winning cases.

If anyone would like to have a look before I submit I would be really grateful, but not expectant given the sentence above.

LINK REMOVED

waamo

Its far to emotive. You can lose the whole introduction as it just sounds like a rant. Don't ask any questions in it either. You need to make statements and assert facts.

It has all the points in such as POFA and signage it just sounds a bit ranty that's all.