Walsall McDonald's Wisemore Ocean Parking

Stefano123

Snakes_Belly said:

If you can get into Walsall, I would take some photo's of the entrance showing that the signage is not visible on entry from the side that the driver entered the car park.

The photo's that you took of Backcester lane were instrumental in your success against Excel. Do the same with this claim. 

Images can say more than the written word. 

I think that the car park is very ambiguous. Where do they park for the Indian?   

I've been to Walsall and have taken photos of the entrance which is really poor in terms of its signagne. I've no idea where they park I imagine they'll park either next to McDonalds or by the hotel.    

Stefano123

I've had a look at the PCN and it seems compliant to me so should I just remove this and appeal to POPLA as the driver? Or leave it in for now and, if they go to court, name the driver in WS? 

The PCN has been issued outside of Protection of Freedoms Act 2012 and therefore is unenforceable. 

1.     Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 only requires the registered keeper to tell the driver and give the notice to them. Thus, there is no statutory power that forces the registered keeper to give the name and address of the driver. 

2.     The law only gives the parking company the power to invite the registered keeper to give the name and address of the driver (see Regulation 9(2)(e) of Schedule 4 of the Protection of Freedoms Act 2012). I put Ocean Parking to strict proof that the registered keeper of the vehicle was the driver at the time in question or evidence they have followed the schedule in the PoFA2012 to transfer liability to the registered keeper.

Coupon-mad

How confident are you that the NTK is definitely a POFA one?

We've even had posters tell us that Smart Parking and APCOA ones (always nonPOFA) 'look compliant to them' so we are cautious!

Stefano123

Coupon-mad said:

How confident are you that the NTK is definitely a POFA one?

We've even had posters tell us that Smart Parking and APCOA ones (always nonPOFA) 'look compliant to them' so we are cautious!

I've tried to decipher the legal jargon in the PoFA2012 and I think it is compliant. If anyone would give it a wee look for a second opinion that'd be really appreciated.

Castle

The phrase "You are advised that if, after 28 days from the date given" doesn't comply with para 9(2)(f); which states, the 28 days begins from the day after the notice is given.

Stefano123

Castle said:

The phrase "You are advised that if, after 28 days from the date given" doesn't comply with para 9(2)(f); which states, the 28 days begins from the day after the notice is given.

Thanks! I had assumed that this statement was complaint because the PPC were giving the RK more time than the PoFA 2012, which was a minimum.. 

Coupon-mad

I can't see POPLA being interested in such a technicality, and suspect a Judge would consider it compliant.

Landowner complaint is the best way to kill the PCN.

Stefano123

Coupon-mad said:

I can't see POPLA being interested in such a technicality, and suspect a Judge would consider it compliant.

Landowner complaint is the best way to kill the PCN.

No one is willing to tell me who the landowner is and every time I've ever contacted the landowner in other PCNs they merely direct me to the PPC. I've never had success that way.

Stefano123

McDonalds have refused to give me the name of the landowner so I will be making my appeal to POPLA. Thanks for your help.

Coupon-mad

Google throws up loads of newspaper articles about this scam for you to read.  They mention a Managing Agent (not by name) and a local Councillor who might know who that agent is.