Park watch (Not parked Wholly within bay)

Bobby0900

Parking Charge Notice received in the post for ( Not Parked Wholly within bay) I didn't receive anything on the car on the date of the incident. The letter shows a picture of the car over hanging the white line. So I am planning to appeal this this just wondering if their is a template. The letter was addressed to the whom it may concern and makes reference to the registered keeper which is me, however I wasn't driving the vehicle that day it was my wife. 

Fruitcake

What happened when you complained to the landowner? A landowner cancellation is always plan A.

If it isn't cancelled within the appeal deadline, then send the appeal template in blue text from the sticky thread for NEWBIES that asks everyone to read it first.
The NEWBIES thread is just underneath where you clicked on the New Thread button.

Send the template unaltered, from The Keeper. Do not identify the driver.

Read up on what to do if/when it is rejected.

Where did this dastardly deed occur? (Which nation, retail park, hospital, residential, supermarket).
Please also tell us the date of the alleged event and the issue date of the NTK.

Check whether the NTK was or wasn't PoFA compliant.

Bobby0900

Thanks for your reply. It was at a retail Park in Arena shopping centre on the 13th May I had a letter issued on 17th May and it was received about the 21st May but I misplaced it until this week. Not sure who the land owner is but complained to Teaco who said it has nothing to do with them. On the letter there is a time of incident. It states on the letter ( This notice is given to you under Paragraph 9 (2)(F) of schedule 4 of the Protection of Freedoms Act 2012. 

Bobby0900

I will check out the thread you suggested. 

D_P_Dance

Many judges regard such claims as trivial, a waste of court time, read this and complain to your MP.  In any case, there are occasions where you have no alternative.  

https://uk.practicallaw.thomsonreuters.com/1-382-3382?transitionType=Default&contextData=(sc.Default)&firstPage=true

Bobby0900

So I appealed a Parking Charge Notice that I received in the post using the template from the Newbies thread. 

I have received this response ?? Not sure what to do now. Would really appreciate some advice 


We write to acknowledge receipt of your recent online appeal, on behalf of the driver, appealing against the issuing of a Parking Charge Notice (PCN) to the vehicle.

 

We note your comments and must refer you to the Protection of Freedoms Act (PoFA) 2012, Schedule 4 - Recovery of unpaid Parking Charges. This is available to view online at:

 

We now therefore request that the details of the driver of the vehicle at the time of the contravention are supplied; this must include their full name and serviceable postal address.  If you are unwilling or unable to provide these details the Registered Keeper of this vehicle will remain liable for this PCN.  This information should be provided by 29th June 2021.  Please note, Park Watch will not reply to any correspondence until after the above date, if the requested information is not provided.

                                            

If we do not receive this information by the above date, the appeal will be formally responded to and we will hold you liable as the Registered Keeper of the vehicle on the date of the contravention.

 

Please note if we receive correspondence from the driver at the time of the incident we will not respond to you further on this matter. 

 

If you would like to view our photographic evidence, please visit 

 

This must be submitted by filling in a new contact form at appeals.parkwatch.co.uk or by filling in the Transfer of Liability form on the reverse of the PCN and posting it to Park Watch, PO Box 624, Exeter, EX1 9JG 

Umkomaas

You don't give them any information on the driver, so no need to respond. Just wait until after their deadline when you should get a rejection of your initial appeal and which should come with a POPLA code to use in your appeal to POPLA. The NEWBIES FAQ sticky, third post, gives advice and guidance on how to construct a strong POPLA appeal. 

Redx

It's called phishing for driver details , do not set the hook or it may result in a frying pan incident

There is no legal requirement to name thee driver , but they are hoping that naive appellants do not know this !! They can ask , but are not entitled to a reply , so do not reply

D_P_Dance

Parking outside a bay is regarded many many judges as trivial, not a real breach of contract at all, and sometimes a motorist has little option,  Read this and complain to your MP.

https://en.wikipedia.org/wiki/De_minimis

Bobby0900

Received this today......

What do I do now ? Appeal under what grounds or reason. 

Thank you for your appeal against the above Parking Charge Notice (PCN) on behalf of the driver. We have carefully considered your appeal, however on this occasion the appeal has been rejected for the following reason;

 

Whilst we note the comments and reason for appeal, as per our photographic evidence, the vehicle was parked in contravention of the advertised terms and conditions. As the vehicle was not parked fully within a bay, we can confirm that this PCN has been issued correctly.

 

We accept no liability, nor do we enter into any contract with you, for the charges you mention.

 

You have now reached the end of our internal appeals procedure and therefore you now have two options; you can either pay or appeal to POPLA - you cannot do both:

 

You can pay the total amount due as shown above via the following payment options;

• Call us on: 0800 3040 170
• Pay online: www.paydefsys.co.uk
• Send a postal order: Park Watch, PO Box 624, Exeter, EX1 9JG

 

Or, you can appeal to an Independent Appeals Service, POPLA (Parking on Private Land Appeals) using the POPLA reference code provided above. Please note, should you decide to appeal to POPLA and your appeal is subsequently rejected or you withdraw your appeal, the option to pay a discounted amount will no longer be available and the full amount of the PCN will become due. Please note, if you pay the PCN prior to appealing to POPLA, your appeal will be withdrawn as you will have accepted liability in full.

 

If you decide to appeal to POPLA, you will need to visit their website, www.popla.co.uk where further details of how to appeal (either online or by downloading the relevant forms) can be found. If you are unable to access their website, please call us for further information on how to obtain the forms. Please ensure your POPLA Reference Number, as noted above, is quoted on all correspondence to POPLA. You have 28 days from the date of this email to submit an appeal to POPLA. If you appeal to POPLA we will suspend recovery activity on the PCN and the charge will not increase until the appeal has been determined.

 

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.

 

If you do not make payment or submit an appeal to POPLA within the relevant timeframe, the outstanding PCN may be passed to our appointed debt collection agency for further action. All costs associated with this process will be added to the amount outstanding.

 

Park Watch

PO Box 624

Exeter

EX1 9JG

Company Reg: 08047971

Web: www.parkwatch.co.uk

Redx

You have two choices listed above

1) pay up in full

2) make a Popla appeal instead

And 3) isn't listed , a complaint to the landowner , plan A in the newbies thread

You make a choice , I would do 3) first , then 2) second , before the Popla deadline runs out , which is within 32 days of the Popla code , so using say 28 days to get a landowner cancellation

I would not do number 1). !!