Ace security services, not allowing me to appeal!

zeesara

I followed the advice and read through the newbies FAQ before posting this. the driver of this vehicle received a penalty charge for not parking "within a bay". 
The area was not previously managed by a parking company and the driver parked under a yellow parking bollard, but this doesn't have any markings on the ground. I followed the advice and waited for notice to owner. Below is what I appealed and their response. 
My appeal "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, and evidence that this vehicle was at the location specified. 

 Keeper of the vehicle. (i put name and postal address here)" 

The response i recieved: 

" Thank you for your email. Unless there are extenuating circumstances, due to the Data Protection Act, we can only discuss a Charge Notice with the driver responsible for parking the vehicle at the location prior to the Charge Notice being issued. Please can you confirm if you were the driver at the time.

If you were the driver, unfortunately we cannot process your email without all the information that is requested on the back of ticket under the appeals section, we will need your full personal address.

This information must be received by us before the Charge Notice reaches 28 days old; otherwise your email will be disregarded for failing to comply with our terms and conditions of appeal. 

If you wish to view our photographic evidence, all photographs can be viewed at (website).

From what I understand and have read i think they should consider my appeal as they sent a NTO. Any help and advice would be great!!

Le_Kirk

Do not under any circumstances give away the name of the driver, the RK has more protection in law than the driver.  You will not receive a notice to owner, maybe a notice to keeper.  Unless this is a council ticket perhaps???

Redx

Pace recovery , IPC member , don't play by any so called rules

It's not a Penalty notice either it's a Parking charge notice on private land , not council

You have zero chance of winning any appeal , so ignore them

There is no database of registered owners , only keepers , so the first postal PCN is an NTK , nothing to do with ownership

Any appeal is plan B , plan A is the best option , apart from court of course

zeesara

Le_Kirk said:

Do not under any circumstances give away the name of the driver, the RK has more protection in law than the driver.  You will not receive a notice to owner, maybe a notice to keeper.  Unless this is a council ticket perhaps???

This is not a council ticket its a private firm, and yes notice to keeper has been recieved, sorry I'm new to this what does RK stand for? 

Redx

Acronyms are explained in the fifth post of the newbies FAQ sticky thread near the top of the forum , please read it properly , especially posts 1 & 5

zeesara

Redx said:

Pace recovery , IPC member , don't play by any so called rules

It's not a Penalty notice either it's a Parking charge notice on private land , not council

You have zero chance of winning any appeal , so ignore them

There is no database of registered owners , only keepers , so the first postal PCN is an NTK , nothing to do with ownership

Any appeal is plan B , plan A is the best option , apart from court of course

Should I not respond to the email, and would they be able to refer this to debt collectors or court?

Redx

If the response was to a windscreen PCN , wait for the NTK PCN to arrive , then appeal as RK again

If the response is to a postal NTK PCN , do not reply

Yes it will go to powerless debt collectors who can be disregarded

Yes it could go to court within 6 years

Stop looking for an easy resolution , because other than a landowner cancellation or a judge finding in your favour , there isn't one

zeesara

Redx said:

Stop looking for an easy resolution , because other than a landowner cancellation or a judge finding in your favour , there isn't one

Not looking for an "easy" resolution just some form of resolution, thanks for the advice 👍🏾

Coupon-mad

You know you will get debt letters (post #4 of the NEWBIES thread) and you know to ignore them.

You know there is no appeal that works to an IPC and NOT TO TRY IAS (post #3 of same).

You know you will likely win in court and how to do every step, and that we win 99% of the time (post #2 of same).

You know debt collector letters are not bailiffs and carry no risk - post #4 again...

You know the entire thing is a farce and a scam and the Govt are currently stepping in, so:

Get ANGRY and GET EVEN about this scam! 

Please now make a real difference because not enough people have:

A TASK FOR SEPTEMBER:

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters and MUST GO.  Remove that layer and you remove the ‘drivers’ behind the race to court.

HOW TO DO THE SUBMISSIONS:

Responses into the PAS 232 and MHCLG framework documents are not completely straightforward:

On the MHCLG response, you have to answer the questions on a 1-5 scale from strongly agree to strongly disagree, and then put some commentary. No way to upload documents or alternatives.

 

On the PAS 232, you have to click on each clause and sub-clause to put your comments, and a suggested rewording of their draft.  You can see comments which other people have written! 

 

But, when you click ‘submit’, a message pops up to say your comments have been received, but that only applies to the particular clause you have just addressed.

 

You have to click ‘submit’ separately for each individual clause response.

 

Some people will be caught out by this but can revisit it and add further responses up to 12 October.

 

 

D_P_Dance

Let them take you to court.  More and more judges are vbecoming aware of these companies and their chances of winning a BOC contract are diminishing aas time goes by.  Also, compalin to tour |MP| city ongoing legislation and read this,

http://www.legislation.gov.uk/ukpga/2019/8/contents/

Please also read these and have your say

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

Redx

zeesara said:

Redx said:

Stop looking for an easy resolution , because other than a landowner cancellation or a judge finding in your favour , there isn't one

Not looking for an "easy" resolution just some form of resolution, thanks for the advice 👍🏾

Well you won't get one unless a landowner or a judge resolve it for you