A quick question before I appeal.

motinter

I received a parking charge. I've waited 26 days to appeal. I'm going to submit the appeal today.

Does this template still work exactly as written? There are photos of the car and signage available online. There is evidence of the grace period (time on photos). Or is there another template I can be using?

I'm appealing as the RK, not the driver. The machines were broken on that day too, so I will add that into the template and photographic evidence of that too.

---

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggests that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,

The_Deep

That is the pro-forma template we recommend.

If you were unable to pay due to a fault in the payment system there can be no contract, read this

https://en.wikipedia.org/wiki/Frustration_in_English_law

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]

Half_way

what did you say to the landowner?

MistyZ

That's the 'one-size fits all' template. It works in that it avoids slip-ups and, if the PPC is a BPA member, the keeper will receive a POPLA code with the refusal which is almost inevitable regardless of what the appeal's like. So yes, it's fine.

If you're going to add anything, ensure that the addition doesn't in any way, shape or form identify the driver.

Which PPC was this? Postal PCN or windscreen ticket? Date of parking and date NTK received will also help. It's best to include the main facts on this thread as soon as possible, in case you need further advice.

And yep, what Half_way says too! Landowner complaints (insisting on cancellation) should be done at the same time or even before the first appeal if at all possible.

Fruitcake

Some PPCs will cancel when they see the appeal template, some will reject no matter what. That's why we need to know the name of the scammers and one of the reasons not to alter the template.

If it's a BPA member then save your evidence for PoPLA.
If it's an IPC member then you could carefully add it and then the PPC can ignore a longer version, but the keeper can show a judge later if t gets to court that they tried to resolve the issue early.

motinter

It's UKPC (BPA member).

And the ticket was a window ticket received on 9th October 2019.

Fruitcake

motinter wrote: »

It's UKPC (BPA member).

And the ticket was a window ticket received on 9th October 2019.

Appeal today then as you said in your opening post using the template in blue text, unaltered, from the NEWBIES. Get pics of the site and signage as soon as possible ready for PoPLA.

As already asked, what did the landowner say? Where did the alleged event happen?

motinter

It's a car park for fast food/hotel complex. 2 hours free parking with a printed ticket, then you have to pay per hour after that.

I haven't contacted the landowner (wasn't aware of this until today).

I have picture of the broken machine and the signs. They have since put new and working machines in.

antopeto

Hi All
some time ago i received a PCN from Highview for parking at Tesco carpark in Ashford. According to them I overstayed as I was there for over 4 hours. I was in fact at Tesco twice that day and have not overstayed. They sent pictures of my entering and exiting but obviously only the first entry and the second exit. I appealed and the appeal was not upheld. I then appealed with POPLA who also did not uphold my appeal. I do not have any evidence to prove I was not there for so long. All I can think of using is my Google Timeline and a statement from my brother who was actually driving my car in the morning.

I only saw the template you prove later so I don't know what I can do now. Can I still send them the template? Do I send it to appealpcn or to POPLA?

Any advice much appreciated.

Regard
Ant

Umkomaas

antopeto wrote: »

Hi All
some time ago i received a PCN from Highview for parking at Tesco carpark in Ashford. According to them I overstayed as I was there for over 4 hours. I was in fact at Tesco twice that day and have not overstayed. They sent pictures of my entering and exiting but obviously only the first entry and the second exit. I appealed and the appeal was not upheld. I then appealed with POPLA who also did not uphold my appeal. I do not have any evidence to prove I was not there for so long. All I can think of using is my Google Timeline and a statement from my brother who was actually driving my car in the morning.

I only saw the template you prove later so I don't know what I can do now. Can I still send them the template? Do I send it to appealpcn or to POPLA?

Any advice much appreciated.

Regard
Ant

This thread belongs to someone else, it's not about Highview, it's not about Tesco and it's not about a failed POPLA appeal. Why post here?

You should have your own thread for bespoke advice. But in short, the advice is that there's no way back to POPLA, you ignore any debt collector letters (see the NEWBIES FAQ sticky, post #4), only react if you get a Letter of Claim or real court papers. Highview are not litigious at this point in time, but they do have 6 years to sue you through the civil court.

Please, no more replies here, start your own thread if you get the LoC or court papers.

motinter

Fruitcake wrote: »

Appeal today then as you said in your opening post using the template in blue text, unaltered, from the NEWBIES. Get pics of the site and signage as soon as possible ready for PoPLA.

As already asked, what did the landowner say? Where did the alleged event happen?

Okay, so don't add anything about machines being broken or anything.