PCN and 14 day rule

KeithP

Where exactly did this alleged parking event take place?

Have you checked Google Street View and other sites for images of the signs?

Has this car park been mentioned on this forum before and images of signs shown?

pacemaker1000

A ticket was purchased so doubt signage would hold up
driver did say that after inputting reg no option other than to pay the displayed amount was given. Which turned out to be an hour and return was two hours later.
this was witnessed by me

done research on land registry and can’t ascertain owner

Coupon-mad

A ticket was purchased so doubt signage would hold up.

Never miss it out - it's fundamental stuff!  

From the 'POPLA Decisions' sticky thread you can see that there is a new pattern that POPLA are currently (quite rightly) finding that signs are inadequate where the £100 is buried in small print.

Picture the scene at the machine. The machines themselves never mention the parking charge risk and tariff lists in 'big' are inadequate if that sign at the machine either doesn't list the £100, or has it in comparatively tiny text.

Can't stress enough - ALL appeals and ALL defences should always question the prominence of the £100 risk on the signs, even if the keeper has never seen the place.  Even if the driver read a sign.

pacemaker1000

Unfortunately live too far away and can’t find any pictures online
also can’t find popla appeal about land ownership and can’t find correct info online so wouldn’t guessing and getting it wrong damage credibility of case?

KeithP

pacemaker1000 said:

...can’t find popla appeal about land ownership...

I guess you didn't see this in the third post of the NEWBIES thread then?...

Where exactly did this alleged parking event take place?

Umkomaas

pacemaker1000 said:

Unfortunately live too far away and can’t find any pictures online
also can’t find popla appeal about land ownership and can’t find correct info online so wouldn’t guessing and getting it wrong damage credibility of case?

In that case you put NCP to strict proof that the signs at the car park (contemporaneous photos, not stock copies) comply with the BPA Code of Practice and the £100 parking charge is similarly prominent as per the ParkingEye sign held up as exemplary in ParkingEye v Beavis Supreme Court case. 

Similarly you require strict proof that they have signed authority from the car park landowner that they can issue charges in their own name, not merely acting as an agent of the landowner. 

There are example appeal points for you to adapt for the above in the NEWBIES FAQ Announcement, third post. 

The more you build into your POPLA appeal, the better your chance that at least one appeal point will hit the target, or the volume will be too much for NCP to deal with, conceding before adjudication, saving them their £30 POPLA fee in the process. 

pacemaker1000

Appeal submitted
I'll keep all updated
Cheers for all the help and advice

pacemaker1000

NCP claim 'driver' was selected in original appeal and have sent details showing it selected in a drop down menu.
however along side is a red asterisk which you normally see when you haven’t made a selection.
don’t see why I would have selected this when was appealing and wonder if it the default to trick you?
Unfortunately although quoting  pofla and being outside time to be delivered to keeper I didn’t say I wasn’t the driver

coincidentally today is last day to get reduced fine
payup and remember next time or query red asterisk and continue to deny not driver?

Coupon-mad

You have never denied being the driver. No-one here ever says to deny driving if that's not true!

We do say not to admit driving.

You just do comments saying that you did not select 'driver' and the evidence seems to be an isolated, generic and undated screengrab image of their website with a red asterisk before an appellant chooses it, and not a retained piece of specific evidence attributable to your case, where the driver was not identified in either appeal.

pacemaker1000

Unfortunately wife paid as didn’t want hassle
despite being the day of payment only option was full amount and she paid that to
try and get extra back but said run out at 12.30 and notice arrived at 1400. Another con!
understand appeal is now dead in water and no way to point out the screen shot of the drop down menu.
would love to know if the NCP appeal auto populates the driver drop down