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Contravention description not completed

I received a Parking Charge Notice from Park and Control and the contravention description was not complete.  It states'  Notice is hereby given to the Registered Keeper of the vehicle registration mark xxxxxx for the contravention of overstay above allowed period/failure to register vehicle for permitted p’  (attached) Does the incomplete sentence invalidate the claim? I have looked through the threads and found helpful information. 

Also is it a good idea to send the formal challenge before the 14 days?

Many thanks.  

 
 
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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
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    edited 17 February 2022 at 11:49PM
    Park and Control (UK) Ltd don't appear to be an approved operator of either the BPA or IPC.

    They seem to be part of APCOA.
    Their website - www.apcoa.co.uk/parkandcontrol - states...
    Park and Control is a division of APCOA PARKING UK...

    Looking at Companies House, their Registered Office is in Northern Ireland.

    Did this parking event take place in NI?
    Are you based in NI?
    Is there an address on that letter you have shown us?

    Do not do anything before those questions are answered and certainly do not disclose the driver's details to anyone.
  • Umkomaas
    Umkomaas Posts: 43,530 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Big Shots Golf (the parking location) seems to be based in north London, but can see that there's a NI Park & Control parking firm - a new name for the former Parking and Enforcement Agency (PEA - not an unknown outfit around these parts). 

    I'd be very keen to know from the DVLA how personal data was released to a parking firm that seems to be neither a member of the BPA AOS nor of the IPC AOS.  
    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
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
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    Its apcoa so do standard newbies appeal
    Wait rejection then do appeal based on no keeper liability
    They wont contest.
    Simples
  • Castle
    Castle Posts: 4,931 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Umkomaas said:
    Big Shots Golf (the parking location) seems to be based in north London, but can see that there's a NI Park & Control parking firm - a new name for the former Parking and Enforcement Agency (PEA - not an unknown outfit around these parts). 

    I'd be very keen to know from the DVLA how personal data was released to a parking firm that seems to be neither a member of the BPA AOS nor of the IPC AOS.  
    They, (Park & Control (UK) Ltd), are still on the BPA list of AOS members.

    However, according to their latest set of accounts-(Year Ended 31st December 2020), they sold all of their trade and assets in December 2019, which would suggest that they don't have any Landowner contracts any more.
  • Umkomaas
    Umkomaas Posts: 43,530 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They, (Park & Control (UK) Ltd), are still on the BPA list of AOS members.
    I checked the BPA AOS list, but having got down as far 'Parking ..... ' I took it that 'Park .... ' would be prior to that and stopped looking further down - list not in strict alphabetical order! ☹️
    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
  • Castle
    Castle Posts: 4,931 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Umkomaas said:
    They, (Park & Control (UK) Ltd), are still on the BPA list of AOS members.
    I checked the BPA AOS list, but having got down as far 'Parking ..... ' I took it that 'Park .... ' would be prior to that and stopped looking further down - list not in strict alphabetical order! ☹️
    It's the BPA; even their listings are "un-regulated". :)  
  • Thank you everyone for your comments, very helpful.  So in summary they are BPA registered.  They should be as they have they have the logo at the bottom of the notice.  The location was not in Ireland, it was NorthWest London. 

    In relation to this comment below could someone explain why Keeper liability shouldn't be mentioned at the appeal stage?  I was going to mention that in the appeal (formal challenge) as I received the letter over the 14 days requirement for delivery. 

    I take it that the incomplete sentence describing the contravention doesn't add anything to my appeal?  Many thanks everyone.  
    Its apcoa so do standard newbies appeal
    Wait rejection then do appeal based on no keeper liability
    They wont contest.
    Simples

  • Umkomaas
    Umkomaas Posts: 43,530 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 19 February 2022 at 8:01AM
    In relation to this comment below could someone explain why Keeper liability shouldn't be mentioned at the appeal stage?  I was going to mention that in the appeal (formal challenge) as I received the letter over the 14 days requirement for delivery.  
    I think you've misunderstood. You definitely do mention Keeper Liability. As P&C have failed to meet the requirements of the Protection of Freedoms Act 2012 (Schedule 4), there is 'nokeeper liability'.  Just add a sentence to that effect at the end of the blue text initial appeal template, found in the NEWBIES FAQ Announcement, first post, and, like their parent (APCOA), they should send you a cancellation confirmation. Send the appeal in right away, with a PCN based on ANPR capture, there is no strategic benefit in delaying the appeal, get it all over soonest. 
    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
  • Thank you for your help.  
  • Chattyish,

    In case it is not clear from the above, PCUK can only chase the driver for payment (not the keeper or owner, as they have failed POFA). So your appeal, and all communication with them shoud use phrases: "the driver..." and "the keeper...". Do not use: I, or we. 

    If they do not know who the driver is you will be able to win this at POPLA second stage appeal. So write your first appeal carefully, and remember to keep the identity of the driver a secret.
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