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Landowner for NCP - St Judes, Birmingham

1235

Comments

  • MrSportage
    MrSportage Posts: 22 Forumite
    Second Anniversary 10 Posts
    And which piece of text would that be?
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    This is an appeal by the keeper no driver details given
    Notice issued after 14 days no keeper liability ,automatic win at POPLA,  cancel or POPLA code 
    That will win it for you. End off
  • MrSportage
    MrSportage Posts: 22 Forumite
    Second Anniversary 10 Posts
    Thank you for your help 
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    This is like pulling teeth...

    Indeed!  You can acquire enough knowledge  to deal with this yourself by spending a few hours doing the necessary research.  After all, this is a self-help forum. and I refuse to help people who will not help themselves.
    You never know how far you can go until you go too far.
  • MistyZ
    MistyZ Posts: 1,820 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    edited 10 April 2020 at 8:08AM
    PCN cancelled last night via email. 

    Thanks for the help and advice.
    Haha, that's brilliant!  Well done. 

    You get it now, eh?  
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    PCN cancelled last night via email. 

    Thanks for the help and advice.
    Great news, who was the email from ?
  • beamerguy said:
    PCN cancelled last night via email. 

    Thanks for the help and advice.
    Great news, who was the email from ?
    It was from NCP appeals dept.
  • Umkomaas
    Umkomaas Posts: 43,428 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Well done. Given that both BrownTrout and I advised on the content of your appeal, both saying essentially the same thing, although BT's was much more direct than mine, would you mind telling us which one you used - maybe post it here, as it has been successful, it can be used again to hopefully elicit the same outcome in future for others. 
    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
  • MrSportage
    MrSportage Posts: 22 Forumite
    Second Anniversary 10 Posts
    edited 22 April 2020 at 12:52PM
    Sincere apologies for the delay, I have only just seen this post... The successful appeal was as follows:
    =========================================================================================================

    Re PCN number:  ##########
    I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
    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 an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.
    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.

    In addition, you have failed to deliver the Parking Charge Notice to Keeper within the timetable dictated by the Protection of Freedoms Act 2012 (Schedule 4) paras 9(4b) and 9(5), as the keeper of the vehicle I have absolutely no liability and you need to pursue the driver instead. Should you fail to cancel the charge and continue to pursue me as the keeper, I will immediately report your unlawful action to the BPA and DVLA.

    =========================================================================================================


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