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PCN for parking on private land for 4-5 mins

jalakmody
jalakmody Posts: 11 Forumite
Sixth Anniversary 10 Posts Combo Breaker
edited 1 July 2020 at 12:41PM in Parking tickets, fines & parking
Dear All,
I am sorry if this post is repetitive. I could not find any similar case on MSE so thought I should share it on a new thread. 
The car was not parked on private land for more than 4-5 mins. I have attached PCN, which seems someone has taken a photo of the car and used it for PCN. I don't seem to see any fixed cameras around. Also on the PCN incident time mentioned is wrong. 00.00? I would request you to please suggest to me how to appeal to this PCN. 

Many Thanks,
Regards,
J
«13

Comments

  • Fruitcake
    Fruitcake Posts: 59,265 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 July 2020 at 12:37PM
    Edit your post to remove information about who parked. Only ever refer to The Driver and The Keeper, who are two different people as far as the law is concerned.
    Do this before you do anything else.

    Once you have done that, send the appeal template in blue text from the first post of the sticky thread for NEWQBIES that asks you to read it before starting a new thread. Send the appeal unedited, from The Keeper.

    Read up on what to do next if/when it is rejected. PoPLA is where you will win. The usual PoPLA appeal points can be found in the third post of the NEWBIES. 

    Get your own pics of the site and signage.
    Tell The Driver not to park on private and without complying with the Ts and Cs.


    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 1 July 2020 at 12:36PM
    Read and follow the advice in the newbies FAQ sticky thread near the top of the forum

    PPC is PPS London ltd

    There are hundreds is short stay parking cases on this forum

    Download and read the relevant code of practice and read up on grace periods

    Your appeal will most likely be rejected
  • Fruitcake
    Fruitcake Posts: 59,265 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 July 2020 at 12:47PM
    Complain to the BPA that the NTK contains a false and misleading statement in the section entitled "Contesting this Parking Charge." 
    It states, "All correspondence must include your name, serviceable postal address, the name and address of the driver ...

    There is no requirement in law to name the driver and the PPC are perfectly aware of this. The PoFA 2012 allows the PPC to invite the keeper to name the driver, but there is no lawful requirement for the motorist to do this.

    The NTK does not appear to be PoFA compliant so it is vitally important that the driver's identity is never revealed. This should be an easy win at PoPLA as a result.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • D_P_Dance
    D_P_Dance Posts: 11,582 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation. 

    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,

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

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


    You never know how far you can go until you go too far.
  • jalakmody
    jalakmody Posts: 11 Forumite
    Sixth Anniversary 10 Posts Combo Breaker
    Fruitcake said:
    Complain to the BPA that the NTK contains a false and misleading statement in the section entitled "Contesting this Parking Charge." 
    It states, "All correspondence must include your name, serviceable postal address, the name and address of the driver ...

    There is no requirement in law to name the driver and the PPC are perfectly aware of this. The PoFA 2012 allows the PPC to invite the keeper to name the driver, but there is no lawful requirement for the motorist to do this.

    The NTK does not appear to be PoFA compliant so it is vitally important that the driver's identity is never revealed. This should be an easy win at PoPLA as a result.
    Thank you very much for your reply. Should I first appeal to the PCN or should I complain BPA? Or both together? 

    Also, is there a template I can use to complain BPA or should I plainly write an email to complain about a false and misleading statement?
    What if they do not provide code to appeal at PoPLA? and reject my appeal. 
  • Fruitcake
    Fruitcake Posts: 59,265 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 July 2020 at 1:21PM
    The appeal will only take a few minutes to copy and paste into the appeal portal, then hit send. You could add a one liner if you wish stating that since the NTK is non-PoFA compliant, the PPC should cancel now to save themselves money, or alternatively only pursue the driver, who will not be named.

    Once you have done that you will have plenty of time to send a complaint and get photos. There are no templates, so just put it into your own words. Look at the PoFA and find the relevant section in para 9 (f) of Schedule 4 (linked from the NEWBIES) and quote the section numbers and the exact words about inviting the motorist to give the driver's identity.
    Include a copy of the NTK in your complaint and run a highlighter of the relevant wording.
    In any case, I have done most of the work for you.

    the NTK contains a false and misleading statement in the section entitled "Contesting this Parking Charge." 
    It states, "All correspondence must include your name, serviceable postal address, the name and address of the driver ...

    There is no requirement in law to name the driver and the PPC are perfectly aware of this. The PoFA 2012 allows the PPC to invite the keeper to name the driver, but there is no lawful requirement for the motorist to do this.

    If the PPC does not provide a PoPLA code (they will) then you complain to the BPA. Ignore any requests to tell them the driver's identity.

    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Coupon-mad
    Coupon-mad Posts: 144,283 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 July 2020 at 3:32PM
    Email Gemma Dorans at the BPA with that evidence:
    Complain to the BPA that the NTK contains a false and misleading statement in the section entitled "Contesting this Parking Charge." 
    It states, "All correspondence must include your name, serviceable postal address, the name and address of the driver ...
    AOS members are not allowed to make naming the driver a condition of appeal.

    gemma.d@britishparking.co.uk

    Don't say who was driving even if the PPC write to ask, and as for the appeal, just use the template from the NEWBIES thread with the extra words about the POFA that have been suggested (remove the bit from the template about PDT machines).

    A keeper will win this at POPLA.  The NTK fails due to no 'period of parking'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • jalakmody
    jalakmody Posts: 11 Forumite
    Sixth Anniversary 10 Posts Combo Breaker
    Received an email asking for a driver's name which I did not reply to. Now they have sent an email rejecting my appeal and asking me to appeal to POPLA without sending me a code to do that. I have replied by saying to either cancel the PCN or provide a POPLA code. In any case, the PCN will be canceled and you can save time. 

    I have now received reminder notice in the post threatening that if the PCN is not paid then a debt recovery agent will be appointed and it will escalate to court proceedings. 
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