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PCN issued by JD parking consultants ltd. Leeds. Please help!

2

Comments

  • Umkomaas
    Umkomaas Posts: 44,419 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please can anyone advise on what to do next?
    Start drafting your POPLA appeal for us to check over.

    The NEWBIES FAQ sticky, post #3 is the place to start your research, followed by a read of the final few pages of the POPLA Decisions sticky (don't start at the beginning - it goes back as far as 2013) and read what kinds of appeals are currently winning. After that do a forum search on keywords JD POPLA and read any recent cases of theirs (I guess there won't be that many).
    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
  • Thanks for the response. I will do so now.
    Can I just check, is the above letter I got sent an NTK as they didn't specifically state it in their email?
    Kind regards :)
  • Umkomaas
    Umkomaas Posts: 44,419 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 20 November 2019 at 7:20PM
    pbsnpara wrote: »
    Can I just check, is the above letter I got sent an NTK as they didn't specifically state it in their email?

    Which letter is that? You don't tell us what its contents are. If we haven't seen it, we can't guess.
    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
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    an NTK is the first postal notice delivered through your letterbox, if one hasnt arrived on your doormat, then you have not had an NTK

    if a pcn arrived in the post , its the NTK , but you are hoping that an NTK does not arrive in order to improve the popla appeal
  • Sorry for the ambiguity, I'm like most a bit flustered by this all, I meant *email* not letter in my last comment. This is my status thus far:

    I appealed both PCN's (I had two a couple of weeks apart -slightly different reasons for the PCN though on each which goes to show what a bunch of cowboys they are..)

    I appealed both at day 26 and received email responses; one in 54 days and another in 34 days of my appeal. The response was copied and pasted in my above comments but I'll repaste it here, NB: the response to both appeals were the same.



    POPLA Verification Code:

    PCN Number:

    Thank you for your appeal regarding the above Parking Charge Notice (PCN).
    I have carefully reviewed the case and considered the points that you raised in conjunction with the facts and evidence available to me. On this occasion, your appeal has been rejected as I am satisfied that this PCN was issued correctly. I have explained the reasoning behind this decision in more detail below.
    My findings
    LOCATION and is subject to a parking management scheme put in place by the operator at the landowner’s request. There are specific terms and conditions in place as part of this scheme, which are displayed on the signs in place at the site. These signs have been installed in clear and prominent positions.
    At this location, parking is only permitted for valid permit holders with their permit on display.
    On DATE, the vehicle was parked without a valid permit on display. This was a breach of the terms and conditions and the PCN was correctly and legitimately issued as a result.
    The signage can be seen in the photographic evidence taken by the warden, which I have attached to this email.
    I must also stress that simply sending in standard template responses, most likely obtained from the internet, will not resolve the matter. In addition, I would recommend that professional legal advice be sought on this matter as an alternative.
    Ultimately, it is the responsibility of the motorist to ensure that they seek out, read and comply with the terms and conditions of parking that are in place. By parking on site in breach of these terms and conditions, it has been agreed that the charge detailed on the signs will be paid.
    I appreciate that this may not be the desired outcome, however, you have now reached the end of our internal appeal process. The three options available are listed below:
    Your options
    1) Pay the PCN at the reduced amount of £60.00 within 14 days from the date of this email. After this time, the opportunity to pay at the reduced amount will no longer be available. The amount outstanding will rise to the full amount of £100.00 and will need to be paid within 14 days. Payment can be made online or by phone. Go to (had to remove parking csl link ) pay or phone 0208 528 4122. You can find full details of how to pay on the PCN issued to the vehicle and/or on the letter(s) sent, if applicable.
    2) Make an appeal to POPLA (the Independent Appeals Service) online at POPLA WEB LINK using the verification code provided above. The only grounds for making an appeal are stated on the website and the appeal must be received by POPLA within 28 days from the date of this response. If you are unable to submit your appeal online, we can provide you with a form to submit your appeal by post.
    If you appeal to POPLA, we will suspend recovery activity on the PCN. The charge will not increase further until the appeal outcome has been determined. Please note that if you opt to appeal to POPLA and the appeal is unsuccessful you will only be able to settle the PCN at the full amount. The opportunity to pay at the reduced amount will no longer be available.
    If you choose to pay the PCN you will not be able to appeal to POPLA.
    3) If you do not make payment or submit an appeal to POPLA within the relevant timeframe, the outstanding PCN may be passed to an appointed debt collection agency for further action. All costs associated with this process will be added to the full PCN amount.
    More Information
    By law we are also required to inform you that Ombudsman Services (THEY PUT THE LINK HERE) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such, should you wish to appeal then you must do so to POPLA, as explained above.
    Kind Regards


    Does the above email justify that response as an NKT as they haven't stated "notice to the keeper" AT ALL.


    I am now planning on writing my POPLA appeal to be critiqued on here (which I appreciate immensely thank you all ).

    Am I following the correct sequence or is there something I have missed? I've been looking on the newbies thread post3 by Coupon_mad, and I've looked at another persons POPLA appeal for JD parking consultants at a place near to my charge.

    again Thank-you for taking the time to read this x
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    you are correct

    and if no postal notice has arrived , the trick has worked so far and a lack of an NTK by day 56 means POFA is in your favour, which was the intention , so try not to submit to popla too early, the code last around 32 days , so submit around day 30 following the code being issued


    an email is NOT an NTK, the NTK has to be in the post, snail mail , not email !!!
  • "the code last around 32 days , so submit around day 30 following the code being issued"

    Do you mean the code I received in the email?
    Thanks as always
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Correct the popla code in the email , expires some 33 days later

    Work out how many days from the incident date is 56 days , then work out the date the code expires

    Do not appeal too early to popla , do not leave it too late either
  • I see, so from the first incident, it has been 68 days, and from the second incident 48 days. The code for both were sent on the same day in separate emails.


    The code for both expires in 9 days, therefore at that point the first incident will be 77days from the received PCN and the second incident will 57days from the received PCN.


    So for the first incident I could appeal in a few days, but the second inciden I would have to leave till the day before the POPLA code ran out as then it will be baang on 56days?


    Again, thanks so much for all th help x
  • theatretony
    theatretony Posts: 390 Forumite
    Part of the Furniture 100 Posts Photogenic Name Dropper
    edited 25 November 2019 at 5:34PM
    I was 'billed' by these people (different place) a while ago.

    Check the date stamp on the pictures - are they all the same time, if so they have not observed a period of parking, so you may have been reading the sign and then decided to drive off. I did not have to pay mine, won at POPLA.

    Also, make sure the location is correct..
    If the world is a stage... I want better lighting!
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