BPA code of practice & POFA

bergkamp

Does the NTK identify the creditor?

9 (1) A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

(2) The notice must—

(h) identify the creditor and specify how and to whom payment or notification to the creditor may be made;

Coupon-mad

It also states the 29 day warning wrongly.

Saying 'if after 29 days we haven't received payments or driver details...' is not correct under the POFA.  That misstates the timeline by potentially several days AND crunches the true wording set out in 9(2)f of sch 4.

And it's misleading to have a subheading 'Wrong Details?' for that paragraph. Makes no sense.

But have you already said you were driving?

Surely you were authorised (as a patient?) to park there and just need to ask the Clinic Manager to step in and cancel the Charge?

Rks2022

Hi , no . no disclosure has been made to who was driving. signs were not seen the driver had reversed back into the bay, awaiting the space in front to be clear as parking opposite is for nursery and driver was awaiting space to be cleared as mother was strapping her baby in. Driver had moved the car into the vacant space within 5 minutes,there is only room for one lane of traffic its a dead end close.

The creditor if I am right refers to the whom the payment should be made ? then it does - Gemini Parking solutions as in image -parking charge notice to keeper

Umkomaas

The creditor if I am right refers to the whom the payment should be made ? then it does - Gemini Parking solutions as in image -parking charge notice to keeper

Gemini have to state the name of the creditor, normally the PPC (alternatively, if somewhat unusually, it could be the landowner), but they do need to state it in writing. However, it's not a showstopper point - depends on the POPLA assessor. 

It also states the 29 day warning wrongly.

Saying 'if after 29 days we haven't received payments or driver details...' is not correct under the POFA.  That misstates the timeline by potentially several days AND crunches the true wording set out in 9(2)f of sch 4.

A stronger point, but you'll need to express that cogently and persuasively, on the basis that some POPLA assessors are not the sharpest tools in the box when it comes to the intricacies and nuances of PoFA. 

Surely you were authorised (as a patient?) to park there and just need to ask the Clinic Manager to step in and cancel the Charge?

You appear not to have responded to this important question from @Coupon-mad. Please tell us.  The one way to get this killed, dead!

Rks2022

Hi,no the driver was not a patient, but entered the close to go into the parking spaces for the nursery, one side is for nursery parking and the other which the driver reversed into and appeared go have parked was for the private practice, you can see the driver still inside the car when photo was taken by some employee.
Thanks

ab2000

Someone better than me will chirp up, but I'm sure that I saw on another thread that PPC can't issue a PCN based off a photo taken by "some employee".

Are you sure this is the case?

Rks2022

Yes, because when case number entered in gemini website one can see full image, not cropped, u can see part of their body in the image, and the area was also checked later, as the car was against the wall of the clinic the dome camera  i assume if they were working would not be able to capture reg plate, so the image is taken by someone facing the front of the car, from the nursery side. 

Coupon-mad

PCNs can be issued based on predatory self ticketing photos, at the moment.

The new Code of Practice will crack down on this sharp practice but not until 2024.

Rks2022

Hi, 
So what   points can i put forward to POPLA if there are any, can i use the points i mentioned at beginning of this post? Does it harm my case of stating these? Of course i lost my option of paying the lower amount but i dont want to go down not putting up a fight at least.
Thanks

Coupon-mad

Post 3 of the NEWBIES thread gives POPLA points.