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Need help appealing / cancelling of "PCN" from One Parking Solution. Thank you

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Comments

  • Philou
    Philou Posts: 34 Forumite
    Fifth Anniversary 10 Posts Combo Breaker Name Dropper
    Umkomaas said:
    Appeal using the blue text template from the NEWBIES FAQ sticky, first post - unaltered - so it reaches the PPC by day 26. Reasons for doing this are included in that section of sticky. 
    Thanks v much. I am presuming you're referring to the "one size fits all" template? If so, then I'll have to wait for the NTK as any appeal prior to that would be rejected anyway, correct?  
    thank you

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Philou said:
    Umkomaas said:
    Appeal using the blue text template from the NEWBIES FAQ sticky, first post - unaltered - so it reaches the PPC by day 26. Reasons for doing this are included in that section of sticky. 
    Thanks v much. I am presuming you're referring to the "one size fits all" template? If so, then I'll have to wait for the NTK as any appeal prior to that would be rejected anyway, correct?  
    thank you

    No, you do not wait for the NtK. A NtK cannot be sent until 28 days after the event, by which time you will be too late to appeal.

    By appealing at day 26, you are hoping to distract the PPC such that they forget to send a NtK.

    Of course that appeal must be sent by the keeper - not the driver.
  • Umkomaas
    Umkomaas Posts: 43,645 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Philou said:
    Umkomaas said:
    Appeal using the blue text template from the NEWBIES FAQ sticky, first post - unaltered - so it reaches the PPC by day 26. Reasons for doing this are included in that section of sticky. 
    Thanks v much. I am presuming you're referring to the "one size fits all" template? If so, then I'll have to wait for the NTK as any appeal prior to that would be rejected anyway, correct?  
    thank you

    I did tell you to refer to the sticky in order to understand the reason for day 26. It doesn't make this job any easier by querying advice given by very experienced regulars, particularly when you then suggest an alternative which helps you not one iota. 

    In case you can't find it, this is what the sticky says:
    Q - ''But I want to appeal now! Why wait till day 26 before appealing a BPA member windscreen PCN?''

    A - To tie them up in the appeals process at a time when they should also be posting a Notice to Keeper (NTK). Many PPCs in the BPA omit any NTK when replying to an appeal and the very fact a PPC forgets to send you a NTK by day 56, gives you a winning point at POPLA. Don't forget this tactic, and use it at POPLA stage: having appealed on day 25 or 26 after a windscreen PCN, make sure you take note of whether any postal NTK is ever received in the following weeks. A rejection letter with POPLA code is not a 'NTK'.

    You must include 'no keeper liability' at POPLA stage if you do NOT receive a NTK at all in that time, and you will win as long as you make the missing NTK clear to POPLA.
    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
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I wonder when One Parking Solution Ltd will start complying with the Data Protection Act 2018 rather than relying on out of date legislation?...



  • Scrapit
    Scrapit Posts: 2,304 Forumite
    1,000 Posts Second Anniversary Name Dropper Combo Breaker
    Not sure how you managed to get all 4 wheels on the curb from the Google earth links. But being in London that would get you a council ticket if it wasn't an unadopted road.
  • Philou
    Philou Posts: 34 Forumite
    Fifth Anniversary 10 Posts Combo Breaker Name Dropper
    Keith P, Umkomaas, thank you for the clarification re the 26 day. Points noted.
    Keith, I am thinking whether OPS mentioning the 1998 Act renders that ticket invalid, given that act is superseded by the 2018 one? thanks.
  • Philou
    Philou Posts: 34 Forumite
    Fifth Anniversary 10 Posts Combo Breaker Name Dropper
    Scrapit said:
    Not sure how you managed to get all 4 wheels on the curb from the Google earth links. But being in London that would get you a council ticket if it wasn't an unadopted road.
    Scrapit,  google earth link doesn't reflect what the location looks like today. The kerb is now currently wider/larger (and no gravels).
  • Umkomaas
    Umkomaas Posts: 43,645 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Philou said:
    Keith P, Umkomaas, thank you for the clarification re the 26 day. Points noted.
    Keith, I am thinking whether OPS mentioning the 1998 Act renders that ticket invalid, given that act is superseded by the 2018 one? thanks.
    Nothing renders the ticket invalid unless/until POPLA or (ultimately) a Judge determines. There are no easy 'outs', so please hunker down for the long run. 
    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
    edited 6 September 2020 at 9:16PM
    7 years I have been coming here and commented on thousands of threads , not one has been ruled invalid when a private company issued it

    Dig in for the long haul and do what we tell you , you can get up to speed when you have read more threads , like we have done
  • Coupon-mad
    Coupon-mad Posts: 154,777 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    7 years I have been coming here and commented on thousands of threads , not one has been ruled invalid when a private company issued it.
    To be clear, we DON'T mean they win appeals or that people pay OPS! 
    The above comment is merely stopping you using the word 'invalid'!
    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:
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