GXS no windscreen PCN in evidence on NTK

Coupon-mad

Indeed. I suspect they sent the wrong NTK.

This should be (possibly) winnable at IAS as long as the appellant doesn't talk about who was driving.

B789

KeithP said:

But if the PPC are working to their assertion that there was a NtD affixed to the windscreen, they would be silly to send a NtK within fourteen days.

Perhaps. However, as they have not provided photographic evidence of the affixed NtD, they are what may be euphemistically described as "up a poo-filled creek without a paddle".

sa74247

@Coupon-mad I go to the gym there, it is my second ticket; the first one I keyed in this vehicle for my moped and this time I forgot to purchase a ticket but the guy thought I had displayed my blue badge.

You've made me aware that I am inflicting this upon myself by parking there. I'm going to start parking on street elsewhere. 

Parking regulations are so confusing and I've realised that the Equality Act does not mean much.

Umkomaas

Might help if you answered some of the questions raised earlier. 

sa74247

@Umkomaas hey, sorry for the late reply. I went online and the other photos does include a PCN but the time stamp is 10.27am. Do you think it is ghost ticketing if the PCN is attached? I only had a quick google but I don't know if this applies as they included 2 photo with the PCN online. This is so fishy. 

May seem niave but I did not realise this stuff can happen. I've filled out the governments call for evidence on private parking. 

Yes it is a blue badge. However, that doesn't mean much when it comes to appealing because I have an invisible disability and the statutory regulations currently only covers physical disabilities.

I hope you all don't mind me confirming the plan, to check my understanding: I will complain to landowner, shorham port I think; apparently they are just as bad as the TO. Then I appeal to GXS, plus check box IAS appeal to be harrassed by TRACE. I will use the same templates provided and come back once I go to court?  

I think they would pursue court I am the RK for two ongoing PCNs from them. Wouldn't they just put them together to build a case? 

Thank you again!!!! 

sa74247

Sorry for double posting. 

Can I check the complaints? I've already started to complain to my MP, should I reply to her in that thread with a new complaint? Or should I complain to the landowner and cc the MP? Or ask the MP to complain? Do I write a formal complaint letter and attach it to an email? Edit: removed key things, I'll look through the successes and amend those accordingly to fit me as im still unsure what I am complaining about 😅.

Please can I post my letter for you to check before sending? 

Has the stickies changed slightly on this forum, I can't find the long thread with the steps. 

Umkomaas

I will complain to landowner, shorham port I thinK

Is this an actual port car park, and if so, please check out via Google searches whether byelaws are in place covering it. 

sa74247

@Umkomaas I found some byelaws, but I don't know what I am supposed to look for in it? 

Is this it? 
https://www.shoreham-port.co.uk/fileadmin/uploads/shorehamport/Documents/Marine/Key_Marine_Documents/Byelaws_2012_Shoreham_Port_Authority_approved.pdf 

Edit: 

It has been replaced with this: 

https://www.shoreham-port.co.uk/fileadmin/uploads/shorehamport/Documents/Marine/Key_Marine_Documents/Shoreham_Port_General_Directions_2021.pdf

KeithP

sa74247 said:

@Umkomaas I found some byelaws, but I don't know what I am supposed to look for in it? 

Is this it? 
https://www.shoreham-port.co.uk/fileadmin/uploads/shorehamport/Documents/Marine/Key_Marine_Documents/Byelaws_2012_Shoreham_Port_Authority_approved.pdf 

Edit: 

It has been replaced with this: 

https://www.shoreham-port.co.uk/fileadmin/uploads/shorehamport/Documents/Marine/Key_Marine_Documents/Shoreham_Port_General_Directions_2021.pdf

You don't need to look for anything specific in it. Just ensure that the byelaws you have found cover the place where your vehicle was parked.

The mere fact that the place is covered by byelaws means the parking company has no way of transferring any driver's liability to the keeper.

That in turn means that it is most important that the driver's identity is not given away.

Umkomaas

KeithP said:

sa74247 said:

@Umkomaas I found some byelaws, but I don't know what I am supposed to look for in it? 

Is this it? 
https://www.shoreham-port.co.uk/fileadmin/uploads/shorehamport/Documents/Marine/Key_Marine_Documents/Byelaws_2012_Shoreham_Port_Authority_approved.pdf 

Edit: 

It has been replaced with this: 

https://www.shoreham-port.co.uk/fileadmin/uploads/shorehamport/Documents/Marine/Key_Marine_Documents/Shoreham_Port_General_Directions_2021.pdf

You don't need to look for anything specific in it. Just ensure that the byelaws you have found cover the place where your vehicle was parked.

The mere fact that the place is covered by byelaws means the parking company has no way of transferring any driver's liability to the keeper.

That in turn means that it is most important that the driver's identity is not given away.

This will be a stronger suit for 'No Keeper Liability'.  Make this the prime point in your appeal to GXS, and thereafter, in a seldom-recommended appeal to the IAS. Then, as is likely, they will both reject your appeals, it's complaint time to the DVLA, on the basis that their NtK incorrectly states they have the right to hold you, the registered keeper liable.

First job, confirm that the car park is covered by those byelaws ...... then strap yourself in, this could be interesting!