NTK vs PCN clarification

Umkomaas

The Urban Exchange signs are irrelevant to your appeal. The only signs that matter are those that purport to bind you contractually, that is, those of the PPC only. The template 'Signage' appeal point in the NEWBIES FAQ Announcement, third post, provides most of the words for you to use. 

But, your major appeal point is the PPC's inability to hold the Hirer liable under PoFA. If the PPC did not attach/enclose with their NtH the required documents detailed in PoFA paras 13 and 14, and you have not declared who was driving, you should be infallible. 

Show us your full draft after construction. 

Coupon-mad

You'll win on the first (non-POFA NTH) point anyway.  Copy any other NTH POPLA appeal.

cohl123

Hi - bit worried about the time dynamic in this as I am going Fri-back late sunday. 

Which of the below factors do I need to appeal on? (Added my dates to see if anyone can help on when I need to appeal by). Copying the template from PDF into Word requires a large degree of re formatting so just want to ensure i use only the necessary bits. 

many thanks

I, the registered keeper of this vehicle, received a letter dated 16/5/2023 acting as a

notice to the registered keeper. My appeal to the Operator – BaySentry – was

submitted and acknowledged by the Operator on 26/5/2023 and rejected via an

email dated 30/05/2023. I contend that I, as the keeper, am not liable for the alleged

parking charge and wish to appeal against it on the following grounds:

 

1. Grace Period: BPA Code of Practice – non-compliance

2. The entrance signs are inadequately positioned and lit and signs

in this car park are not prominent, clear or legible from all parking

spaces and there is insufficient notice of the sum of the parking

charge itself

3. The operator has not shown that the individual who it is pursuing

is in fact the driver who was liable for the charge

4. No Evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice

5. No Evidence of Period Parked - NtK does not meet PoFA 2012

requirements

6. Vehicle Images contained in PCN: BPA Code of Practice – noncompliance

7. The ANPR System is Neither Reliable nor Accurate 18

8. The Signs Fail to Transparently Warn Drivers of what the ANPR

Data will be used for

Coupon-mad

That's unnecessary. 

As I said:

"Copy any other NTH POPLA appeal."

A quick search finds hundreds.

Here's one written this week (no decision yet):

Follow up letter received after sending online appeal (UKPC) - Page 2

forums.moneysavingexpert.com

Here's a typical POPLA Decision re one of these cases:

Company car PCN from EuroCar Parks due to overstay by 6 minutes - Page 4

forums.moneysavingexpert.com

This is impossible to lose at POPLA if the person has only appealed as hirer/lessee.

cohl123

Sorry the template I pasted was the third one down in the popla thread suggested above. Will use the above and look to tailor many thanks. Should I include the pics ?

B789

cohl123 said:

Should I include the pics ?

If they help your case then yes.

cohl123

Done the letter based on the above and added my own photo on the small signage. but unsure which category to click on popla out of:

I was not improperly parked

Select

• The vehicle was not parked where it stated it was on the parking notice.
• You were still within the time you paid for.
• You did not overstay the free parking allowed in the car park.
• You paid the correct amount for parking
• Your car parking ticket was clearly displayed
• The terms and conditions of the car park were not properly signed
• You were parked in an area where you were free to park
• You complied with the terms and conditions on the signage

Supporting evidence may include

• Evidence of payment, such as your parking ticket

I was not the driver or the registered keeper of the vehicle at the time of the alleged improper parking.

Select

• You bought the vehicle after the alleged improper parking.
• You sold the vehicle before the alleged improper parking.
• You hired a car, but were not the hirer at the time of the alleged improper parking.
• You were not the driver at the time of the alleged improper parking.
• You provided the driver's details, but the parking company continued to pursue you.

Supporting evidence may include

• Evidence confirming the date the car was purchased or sold
• Evidence that someone else was driving the car at the time of the alleged improper parking

Other grounds for appeal

Appeals based solely on the following grounds for appeal are less likely to be successful

Other

Select

• You will need to provide reasons why you are appealing your parking charge.

Supporting evidence may include

• Any evidence to support your reasons for appeal

Coupon-mad

The third post of the Newbies thread says which one to choose.  And how to do 'comments' later.

cohl123

but don't feel you have to answer their questions, you should write a detailed appeal and attach it as a PDF along with photos (use the parking firm's own photo of the sign if the words are illegible and the £100 (or whatever) charge is not in LARGE letters.

Doesn't state which box to tick on the ground to appeal step 1 on poplas website 

Coupon-mad

Do not be 'guided' by the self-serving BPA funded POPLA website.

I'm unsure why you are placing faith in that PPC-weighted drivel when you are here on the forum, and we have a proper, consumer-friendly 'how to win at POPLA' guide?

You don't need to read any supposed instructions written by the parking industry.