Notice To Keeper - PPS & Rejection

marine1983

I have posted the marina response. I guess the train having the barriers closed is not procedure for the whole period, which my videos infer that they did. 

I'm so annoyed, as its clear by the response its been written by PPS, as if I was a manager of a business its not normal wording or language used day to day.

I left the boat around 15:00

The train is timetabled to be in station at 15:10

Of course the photos prove I made an attempt to cross! So I dont have an account of 10 mins. And yes the first I knew that the time ran over was a letter through the door. Do I attempt to offer the extra payment without prejudice?

8 mins cost me £60 which will now rise to £100, yes I used the word extortion as I was angry

Dear Mr Me

 

The pictures you have sent establish a timeline but still doesn’t explain the delay.

You claim an attempted crossing time of 15:05 however the picture you sent only shows you at the crossing at 15:13 and 15:15

The picture shows the train without carriages so would be in the shunting stage, in usual procedures after this is completed the barriers are lifted and then come down again prior to the train departing the station. If this hasn’t happened in this instance it would not be the crossings normal procedure but you have not provided any evidence to show that you were prevented from crossing the tracks beyond 15:15.

I have contacted PPS who confirm there is a 10 min grace period after the free hour which means the vehicle would need to of exited by 15:27 as you state.

PPS confirm they have received your appeal and have contacted you to reject the appeal as the grace period was exceeded.

 

You have not provided any evidence that the train barrier was down preventing you from crossing for the extended period before 15:27 and indeed a further 8 minutes after the grace period.

You state it was not your intent to skirt your responsibilities but no attempt was made to pay for parking charges, it appears you may have been aware that you had exceeded the free parking period but no payment was made at the machine.

The 10 min grace period is to allow for delays such as that caused by the train barrier and discrepancies from time keeping devices.

Your own time frame shows that the required grace period has been exceeded in this instance by a further 8 minutes hence the issuing of the PCN.

 

As previously stated I cannot rescind the PCN as we are not the issuing company (we are not the car parking firm, we are a marina)

The boat was berthed without charge from ourselves on the Ancasta berthing who were the company acting as agents for the sale of the boat.

The parking contract you entered into when parking the vehicle on our land is with PPS and the “business” you were on was with "boat seller" not ourselves.

The marina does not profit from any PCN’s raised and I do not like the accusation that the marina finds extortion an acceptable practice. As previously and originally stated we are not involved with the raising of PCN’s and the marina does not profit from any PCN’s issued.

 

Usually, the marina is not required to get involved with the appeals process and I only did so in this instance as a courtesy.

If you have evidence which shows you attempted to cross the crossing at your stated time of approx. 15:05 and were unable to do so until after 15:27 I will ask PPS to review their appeal decision. If you cannot provide this evidence their decision is unlikely to change.

As PPS have already rejected your appeal you are free to appeal their decision with The IAS, PPS’s appeal decision letter explains your right to do this and the process.

 

 

 

Coupon-mad

Do I attempt to offer the extra payment without prejudice?
8 mins cost me £60 which will now rise to £100,

Did you miss my reply earlier?  I don't think you are getting it as you seem determined to think you owe money.

This was bound to happen but no-one PAYS.  

That's what I wanted you to know so you didn't reply wondering about the 'next step' (grrr...I truly hate that 'baby steps...teach me how to walk' expression, when everything is already explained in the NEWBIES thread and doesn't need repeating).  

We all know NOT TO TRY IAS so there is no need to have threads even talking about this 'nothing' stage.  

Get on with your life and come back if the scam firm try a court claim.  There is NOTHING else to be said.

marine1983

Coupon-mad said:

Do I attempt to offer the extra payment without prejudice?
8 mins cost me £60 which will now rise to £100,

Did you miss my reply earlier?  I don't think you are getting it as you seem determined to think you owe money.

This was bound to happen but no-one PAYS.  

That's what I wanted you to know so you didn't reply wondering about the 'next step' (grrr...I truly hate that 'baby steps...teach me how to walk' expression, when everything is already explained in the NEWBIES thread and doesn't need repeating).  

We all know NOT TO TRY IAS so there is no need to have threads even talking about this 'nothing' stage.  

Get on with your life and come back if the scam firm try a court claim.  There is NOTHING else to be said.

Hi 
All I was doing is following the newbie thread. That was plan A, which was to contact the landowner. I was merely posting for thoroughness. I guess I now need to await the court case if they deem to take me to court

Redx

Correct

I also think you should take the marina to court for abuse of the English language , namely

The vehicle would need to of exited  

It's have exited !!!!

Only Pillock's use the horrible phrase ,  should of , need to of , would of , could of etc

Le_Kirk

Shame I cannot hit the Thanks button more than once.  If I spent all day correcting grammar on here, I'd never get nothing done! [Double negative added for comic effect]

marine1983

I emailed the train station who confirm my statement of events. Guess need to wait my time in court. 

 

Thank you for your email, apologies for any inconvenience caused, I’ve had a quick investigation into this matter.

 

On the blue timetable, the train arrives at Kingswear at 15:05 and departs again at 15:20. The normal procedure is for the barriers to be lowered roughly 2/3mins before the train arrives, barriers are raised while the train is in the platform, the locomotive then detaches, and runs round to the other end of the train, the barriers are lowered for this move and raised again while the locomotive attaches. Once the guard is happy the train is ready to depart, the barriers are lowered again. The barriers should not be down for more than 4/5mins at a time.

 

According to the Guards log on the 17th October, the train arrived at 15:09 (4mins late) and departed at 15:23 (3mins late), unfortunately the CCTV that monitors the crossing automatically deletes the footage after a week, however I do have staff accounts that the barriers were lowered for the run round movement and kept down for the additional few minutes to allow the locomotive to attach and the train to depart, in total this is estimated at around 9mins. This is not uncommon, the barriers do sometimes stay down for longer depending on the requirements of service e.g. shunting or they can malfunction.

 

Redx

Good fodder for the judge in any possible Court claim within 6 years

marine1983

Hi,
So I've just had this letter through from BW Legal who've very kindly added £60 to my charge. I assume I do nothing with these until I get court letters?

Le_Kirk

Just search the forum for BW Legal and you will find plenty of threads where posters receive "offers" to set up an instalment plan and where BW Legal add spurious charges called "debt control/admin".  Here is the link to the Abuse of Process thread: -
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1

marine1983

Hi,

Thanks for the response. 
I just need to know if I need to do anything at this stage, like FOI requests etc to start to gather information? Or do I just let them spend money sending me letters waiting for a court date, if any? After 6 years, no court its over with?