Private Parking Charge - wrong period given, clear of POFA 2012?

kidkal

Hello, here is where I am with this case:

1. First PCN received by post from UKPS, member of IPC (no windscreen notice given)
2. Second notice received by post stating the first notice is overdue
3. First appeal letter sent, using the "one size fits all" template from the Newbies post on this forum
4. Appeal response (rejection) received from UKPS
5. Complaint to landowner/business owner sent, reply not received

Excerpts of any of the above correspondence that you think may be relevant, can be posted with more detail.

I am pursuing the POFA 2012 compliance angle and looking for any non-compliance in the first PCN letter received.  To the best of my knowledge, it does comply to all except one 9 (2) (a) : 

The notice must specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates

The part of the PCN which pertain to the "period of parking" state (please note the single quotes are as written in the letter verbatim, not my mistake):

The period of parking to which this notice relates is the period immediately preceding the 'Incident Date/Time above'.

The Incident Date/Time is given in a table in the top of the letter headed "Parking Charge Details".  The PCN also contain two B&W images, one showing a vehicle with the alleged VRN apparently entering the car park and second image shows the vehicle with the same alleged VRN apparently exiting the car park in this case.  Both images contain timestamps, which are consistent with the driver's recollection.  (I am saying apparently entering and apparently exiting because the still images imply a direction of travel based on the orientation of the vehicle, although I am not arguing this particular point).

The point of contention is that the time given by "Incident Date/Time" happens to match the apparent entry time of the alleged vehicle into the said car park as given by the timestamp of the first image.  So by the wording of the PCN letter that the "period immediately preceding" is not the correct period, given that the alleged vehicle was not in the said car park at that period.  Is this enough grounds to appeal against POFA 2012 compliance?

Any helpful advice on how to proceed?  Will UKPS consider (another) appeal letter from the keeper on this ground alone or will more supporting evidence be required?  I have read that it is not worth appealing to IPC process, so will it be a matter of waiting for court hearing?  I have also read the (usually lengthy) appeal letters to the POPLA process, is this worth doing in my case (to IPC)?

Coupon-mad

You can't use POPLA. That's only available to BPA members.

Do not try the above argument with the IAS.  Don't bother at all with the IAS.

Come back if you get a court claim and KEEP ALL LETTERS as it helps you to have them, if you do have to defend a claim.  Also tell UKPS if you move house within 6 years, by emailing their DPO email and requiring UKPS to erase the old address (to prevent a CCJ by default going to an old address in a couple of years).

That's it!