Should I just pay?

beatsneedrhymes

KeithP said:

Do they know who was driving this vehicle?

Do you know that a keeper has more protection than a driver?

You have read the NEWBIES thread and discovered that the signs need to be prominent.

Did you also read in the NEWBIES thread that if the parking company don't know who was driving and have no way of transferring any driver's liability to the keeper, they have no-one to chase?

I suggest you now need to go through every post you have written on this thread and adjust all the statements you have made that confirm the driver's identity. Use words such as "the driver parked...".

Thank you. I have gone through my posts and altered them accordingly - but as the original posts have been ‘quoted’ in others’ replies, is the damage done? Can this really be used against me, if I haven’t stated who I am, please?

Not_A_Hope

As far as I can see you have identified the PPC but not who you are, where the event took place nor when. Therefore as long as you don't tell them who was driving in any appeal or defence POFA is an option. However you will have other points in your appeal / defence.

Le_Kirk

I have edited my post for you and you can now edit your post here 3 February at 1:55PM and 3 February at 2:12PM which will allow you to edit where you quoted my posts.  Hope that's all.  If you find anymore just let me know.

Umkomaas

Le_Kirk said:

I have edited my post for you and you can now edit your post here 3 February at 1:55PM and 3 February at 2:12PM which will allow you to edit where you quoted my posts.  Hope that's all.  If you find anymore just let me know.

Ditto, moi aussi.

Trainerman

Not_A_Hope said:

It might be useful to show a picture of the sign on the car park. If it is forbidding in nature the PPC would have to rely on trespass law rather than contract law when invoicing you for an alleged breach of contract

My understanding of trespass law is that only the landowner can bring a case for that, whatever the BPA might try to suggest. This is one of the points in my ongoing case

beatsneedrhymes

 Umkomaas said:

Le_Kirk said:

I have edited my post for you and you can now edit your post here 3 February at 1:55PM and 3 February at 2:12PM which will allow you to edit where you quoted my posts.  Hope that's all.  If you find anymore just let me know.

Ditto, moi aussi.

Thank you both kindly, I didn’t know that was possible. I will address that tomorrow.

beatsneedrhymes

Please can someone confirm or deny if what earlsdonUK said is true, here?

‘But you can then appeal to their trade association, within 21 days after their rejection. And I’m pretty sure, if you do, the discounted amount stands (check this out).‘

Will the discounted amount definitely stand? If so, I am more inclined to give it a whirl.

D_P_Dance

What does it matter if the judge finds against them?  Surely you are not thinking of paying?

Umkomaas

beatsneedrhymes said:

Please can someone confirm or deny if what earlsdonUK said is true, here?

‘But you can then appeal to their trade association, within 21 days after their rejection. And I’m pretty sure, if you do, the discounted amount stands (check this out).‘

Will the discounted amount definitely stand? If so, I am more inclined to give it a whirl.

Check what the current IPC Code of Practice says. That should give you the facts.

EarlsdonUK

beatsneedrhymes said:

Please can someone confirm or deny if what earlsdonUK said is true, here?

‘But you can then appeal to their trade association, within 21 days after their rejection. And I’m pretty sure, if you do, the discounted amount stands (check this out).‘

Will the discounted amount definitely stand? If so, I am more inclined to give it a whirl.

Very few people on this site will agree with you rolling over and paying up, just in case you’re wondering, also, very few will suggest ignoring the Notice. Regarding the 14 day matter, I’m sure you’ll find info/advice on the NEWBIES Thread. If not, I think you said the company was Secure A Space, if so, they’ll probably be members of The British Parking Association or International Parking Committee. Each has a list of its members on its website. Establish that and then find the Code of Practice for the relevant body. It should, almost certainly, will include clauses about whether they must suspend the process if you make an appeal. If so, you don’t have to appeal within the first 14 days, take your time. Some argue putting together your own arguments, others go for a standard template appeal - the latter because they believe the company will automatically reject your appeal so it’s not worth putting too mush effort in. But, which ever route you take, you’re putting a marker down with Secure A Space, that you ain’t just gonna roll over. You may get lucky with a win, don’t hold your breath; after their rejection, again - I’m pretty sure but you need to do your own research - you get another 21 days to make an appeal to the relevant ‘Independent’ appeals service. If you go that route, I’m pretty sure, the discounted rate holds - check it out. Along the way, starting ASAP, write a letter of complaint to the landowners, ask them to tell Secure A to drop the Notice, contact your MP. And, my approach was to pester the f**k out of the operator, send them emails asking for more info, clarification and definitely ask for any other images they have of your vehicle. Under the Data Protection Act, they have to provide the images within 28 days. Im sure their trade body codes of Practice will require them to have a complaints procedure - separate to their appeals procedure. Use it, either before or after you appeal. Basically, give them a strong impression you are not a push over, that you know your rights and will fight tooth and nail. All of this, obviously, is down to you having a case. So far, you seem to think you’re bang to rights, but you’ll be surprised what arguments and technicalities you can rely on - and, crucially, there’s a sh*t load of great advice, and really helpful people, on this site. I’m sorry I said “as far as I know” so many times, I’m not going to hold myself out as an expert. TBH, you have to be prepared to put the time in, starting with reading - from top to bottom - the NEWBIES Thread. It’s long but the real experts on here keep it up to date.

I hope this helps

earlsdonUK