Parking Charge Notice ***** SUCCESS *****

Coupon-mad

Don't imply who was driving when you appeal.  

Do state this for both first appeal then IAS:

THE DRIVER did not receive a PCN on the windscreen and checking online, the so-called evidence photos have 4 seconds between them, taken from the back by a lurking self ticketer after a bounty, and the car was not unoccupied at any point.  No windscreen PCN was affixed.

This fails the Consumer Rights Act 2015 requirement for prominently bringing a consumer notice to the attention of the consumer.

The DLUHC's new Code of Practice, checked by Government lawyers, confirms this is the legal reason for banning 'MNPR' photos without a windscreen PCN (see the self ticketing section which bans it, and this is stated as best practice, even if the photos were taken by a parking employee).  The only valid reasons not to issue a PCN to the car are safety concerns or impossibility. No evidence of that exists.

4 seconds gives a driver no chance to have seen any signs, let alone find one round the back of a pillar, read the terms and have a fair chance to move.  Given there are no double red lines or Clearway repeater signs, there is nothing to suggest this area can be an instant ticket 'no stopping zone'.

The new Govt Code confirms that there must always be a consideration period, even if it was a no stopping zone which it was not communicated to be.  Even at airports the DLUHC are saying a ticket must not be issued to an occupied car only stopped 'momentarily'.  4 seconds is certainly 'momentary' only.  4 seconds does not give sufficient time to form a consumer contractual agreement.

In any case, the NTK was wrongly issued under para 8 of the POFA Schedule 4, pretending that a windscreen PCN was issued.  The photos over 4 seconds show it was not.  There can be no keeper liability because neither the pathway in para 8 nor para 9 of POFA was followed and there was no 'adequate notice' of the onerous parking charge in 4 seconds flat.

No 'relevant contract' and no 'relevant obligation' existed and the sign appears to be hidden round the back of a pillar in shadows.  It also makes no offer.  The words attempt to prohibit waiting but a driver would have to stop and get out to read it.  There is no consideration; the elements of a contract are missing.  Nothing of value is on offer, no right to stop for a price.  The Beavis case is fully distinguished in all facts and findings and the POFA requirements not met.  Further, the IPC Code of Practice is breached, in terms of predatory ticketing, hidden signs and no consideration period.

carolec

Thank you so much Coupon-mad. Do I send the above as the Appeal or do I need to use the template in the Newbies sticky and add your paragraphs at the end?

Also, do I still need to send an SAR in addition to this Appeal?

You have no idea how grateful I am to you and everyone else who is helping me.

Coupon-mad

Don't use a template.

Fruitcake

C-m, unless they have jumped ship recently, Defence Systems/Park Watch are BPA members. They are currently still showing on the BPA AoS list as BPA members.

carolec, yes you want to send an SAR because you want to see a copy of the NTD and any and all photos they have of your vehicle, especially if there are any showing the NTD on the windscreen.

I believe you should be using the template in blue text from the NEWBIES, unaltered, except adding a one liner that no NTD was left on the vehicle or handed to the driver.

Coupon-mad

Ah OK, sorry - this bears all the hallmarks of the more predatory IPC firms!

Save my version for POPLA if needed. No saying who was driving or talking about cashpoints.

carolec

Fruitcake said:

C-m, unless they have jumped ship recently, Defence Systems/Park Watch are BPA members. They are currently still showing on the BPA AoS list as BPA members.

carolec, yes you want to send an SAR because you want to see a copy of the NTD and any and all photos they have of your vehicle, especially if there are any showing the NTD on the windscreen.

I believe you should be using the template in blue text from the NEWBIES, unaltered, except adding a one liner that no NTD was left on the vehicle or handed to the driver.

Fruitcake, are you saying that I should use the Appeal template with a one liner added rather than the wording Coupon-mad has very kindly provided?

Also, doesn’t the SAR need to be sent to PW’s solicitors? If so, I have no idea who they are at this point.

Coupon-mad

No, a SAR is emailed to the PPC and the NEWBIES thread explains how to find their DPO email and what that is.

carolec

Coupon-mad said:

Don't use a template.

Not trying to cause an argument between members but Fruitcake has said he believes I should use the template. Are you saying I should just use the wording you have very kindly provided above?
I’m totally confused now as to who’s advice to follow, sorry.

Fruitcake

C-m was mistaken and thought the predator was an IPC member. They are not.

That being the case, send the appeal template in blue from the NEWBIES and add a one liner that there was no NTD affixed to the vehicle.

Also send an SAR to the PPC to flush out the NTD and any other photos of the vehicle they have not shown on their website.

Save C-m's wording for a PoPLA appeal if necessary.

Note that this should all take place only if a landowner cancellation is not forthcoming.

carolec

Fruitcake said:

C-m was mistaken and thought the predator was an IPC member. They are not.

That being the case, send the appeal template in blue from the NEWBIES and add a one liner that there was no NTD affixed to the vehicle.

Also send an SAR to the PPC to flush out the NTD and any other photos of the vehicle they have not shown on their website.

Save C-m's wording for a PoPLA appeal if necessary.

Note that this should all take place only if a landowner cancellation is not forthcoming.

Thank you for the explanation, I’m actually starting to understand things a bit better now (I think!).

I’ve just been looking again at the PCN I received in the post, it doesn’t give an email address to send the Appeal to. It says “please refer to the original Notice which includes full details of how you can submit your appeal and the applicable timeframes”. I assume the original Notice in this case was the non-existent windscreen PCN. How do I find out the email address to send the Appeal to or should I send it by post? There is a contact address and telephone number under the details on How to Pay.