Multiple PNs & byelaws

Le_Kirk

Your link made live: -
https://img.photobucket.com/albums/v393/vaughnwinn/Misc/20190819101607.jpg

Castle

I see that NCP are claiming to be "the Creditor" for a penalty notice!

Coupon-mad

OK, so they are issuing Penalty Notices talking about Magistrates court. That means there will be no POPLA available and no second independent appeal worth trying at all.

Good news is, this times out after just 6 months so read SABA threads (search the forum) and do some email ping pong (always waiting till the FINAL final day to reply) and string it out to the 6 months.

This is the same as any SABA thread.

bittheshed

Thank you Coupon-mad. There are a lot of SABA threads.

With the email ping-pong am I correct in thinking that this starts off with challenging the notices via the online portal, using the blue text/template in the Newbies thread?

Having just looked at the back of the form, it would appear that POPLA is available and that they have automatically assumed that I was the driver of the vehicle.

Here is a link to the back of the form: htxxs://img.photobucket.com/albums/v393/vaughnwinn/Misc/20190819143903.jpg

bittheshed

And if I log online, I get the following image (redacted and cropped):

htxxs://img.photobucket.com/albums/v393/vaughnwinn/Misc/Screenshot%202019-08-19%20at%2014.44.05%20copy.jpg

What would be 'reasonable belief'?

Coupon-mad

https://img.photobucket.com/albums/v393/vaughnwinn/Misc/20190819143903.jpg

https://img.photobucket.com/albums/v393/vaughnwinn/Misc/Screenshot%202019-08-19%20at%2014.44.05%20copy.jpg

What would be 'reasonable belief'?

Just words they've copied from Council PCNs. Nothing exciting.

OK so sounds like they are allowing POPLA to assess their cases, unlike SABA who do not. POPLA have said they will deal with byelaws cases now so this will be a first.

At ALL stages, take it to the last day before you appeal:

Day 28 from that PCN letter, no appealing earlier.

Day 32 at POPLA stage, as we know that POPLA codes last longer then they pretend.

All of which gets you a lot closer to the 6 months should POPLA not work.

First, read Clause 14 of the Railway Byelaws and work out why what they have described is not a contravention of that byelaw. And check who they say is liable in the Byelaws - driver? Owner?

Make sure the appeal comes from the person who is NOT held liable in the Byelaws.

The_Deep

I would use snail mail and insist that the reply similarly, it will add a few days each way.

Nine times out of ten these tickets are scams so consider complaining 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.