Appeal Devere parking services

KeithP

MO369 said:

Coupon-mad said:

No they don't have to go to IAS because you won't be doing that! My advice stands.

It's mentioned in the pack of the charge notice if the appeal to them is unsuccessful then we will provide you with the appropriate details enabling you to lodge an appeal to the IAS.  

But that doesn't mean you have to appeal to the IAS.

MO369

B789 said:

Coupon-mad said:

"Appeal Devere parking services"

There is no such thing.  Did you read other IPC threads?  You won't win on appeal.

I would just dispute it once (no IAS. It is a farce) then ignore them.  We haven't heard of a daft Devere court claim in years.  They aren't very good at court except in Poole where it was rumoured they had mates in high places at the court.

DO NOT PAY THEM.

Which bit of @coupon-mad's advice are you choosing to ignore? As you have already FUBAR'd your case, you may as well just leave it. If they are not good at court, just wait and see if they ever decide to issue a claim.

Also... where on earth does this bit of fantasy fiction come from: "as established in Devere parking services Ltd v Beavis"?

:😂 I have already reported it, and mentioned the mistake😅

MO369

B789 said:

Coupon-mad said:

"Appeal Devere parking services"

There is no such thing.  Did you read other IPC threads?  You won't win on appeal.

I would just dispute it once (no IAS. It is a farce) then ignore them.  We haven't heard of a daft Devere court claim in years.  They aren't very good at court except in Poole where it was rumoured they had mates in high places at the court.

DO NOT PAY THEM.

Which bit of @coupon-mad's advice are you choosing to ignore? As you have already FUBAR'd your case, you may as well just leave it. If they are not good at court, just wait and see if they ever decide to issue a claim.

Also... where on earth does this bit of fantasy fiction come from: "as established in Devere parking services Ltd v Beavis"?

:😂 I have already reported it, and mentioned the mistake😅

MO369

MO369 said:

I have finished the first appeal to Devere company for the first notice. I have an issue here, after reading the threads, it said you shouldn't mention the driver name or talk about yourself as the driver. the issue is I sent emails to the building management asking to cancel the notices. I have a concern, this could be transferred as evidence to Devere. Another option is that the last email I received from them was yesterday and I didn't reply, shall I reply and thanks them and say I will let the driver know about the consequences of this complain to make their decision.

 Can I say that? or what do you suggest?

The appeal...........

Re: PCN No. ...................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in Parking Eye v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.  

Furthermore, as the PCN did not arrive within the stipulate period of 14 days, as specified within the POFA 2012, you have failed to meet the strict deadlines to transfer liability to the keeper.

Therefore, there will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

Can I send this for the first notice, while I have another one with the same company doesn’t have the time gap fault? And also the main reasons for driver appeal are 

1- there is no clear visible number or letter on the parking bay where the car was parked, so assumed its allocated to visitor. 

2- The driver is a regular visitor and didn’t know about the new T and C policy that put on place on the 1st August. 

3- the T and C mentioned there are 2 hours maximum stay, the photo shows the driver is parked for less than an hour. 

4- Based on there own photo its clear there is no signage where the car was parked 

5- the Signage was small and not readable. 

I know I can’t contradict  myself in both notices. They should mention similar reasons in both notices to not leave any gap for them to use against me. 

Fruitcake

For the first NTK, just use the template in blue text exactly as it is, then add a one liner about the NTK being non-PoFA compliant, but you will need to explain it as I did previously.

7th = Day zero
18th = Day 11 = Friday =Date of issue
22nd = Day 15 = 2nd working day after NTK date of issue = Day NTK deemed given as defined by the PoFA and the Interpretation Act = Too late to hold keeper liable

For the second NTK, just use the template.

Other than continuing to pursue Plan A, anything else is a waste of time.

MO369

Fruitcake said:

For the first NTK, just use the template in blue text exactly as it is, then add a one liner about the NTK being non-PoFA compliant, but you will need to explain it as I did previously.

7th = Day zero
18th = Day 11 = Friday =Date of issue
22nd = Day 15 = 2nd working day after NTK date of issue = Day NTK deemed given as defined by the PoFA and the Interpretation Act = Too late to hold keeper liable

For the second NTK, just use the template.

Other than continuing to pursue Plan A, anything else is a waste of time.

Plan A, I did and the request was refused by the management building. My concern is I emailed them based on I am the car driver and keeper. Do you think they will pass this to the parking company?  

B789

MO369 said:

Fruitcake said:

For the first NTK, just use the template in blue text exactly as it is, then add a one liner about the NTK being non-PoFA compliant, but you will need to explain it as I did previously.

7th = Day zero
18th = Day 11 = Friday =Date of issue
22nd = Day 15 = 2nd working day after NTK date of issue = Day NTK deemed given as defined by the PoFA and the Interpretation Act = Too late to hold keeper liable

For the second NTK, just use the template.

Other than continuing to pursue Plan A, anything else is a waste of time.

Plan A, I did and the request was refused by the management building. My concern is I emailed them based on I am the car driver and keeper. Do you think they will pass this to the parking company?  

Whether they do or they don't, it will have little relevance to the overall outcome. This company is averse to taking claims all the way to court. 

MO369

B789 said:

MO369 said:

Fruitcake said:

For the first NTK, just use the template in blue text exactly as it is, then add a one liner about the NTK being non-PoFA compliant, but you will need to explain it as I did previously.

7th = Day zero
18th = Day 11 = Friday =Date of issue
22nd = Day 15 = 2nd working day after NTK date of issue = Day NTK deemed given as defined by the PoFA and the Interpretation Act = Too late to hold keeper liable

For the second NTK, just use the template.

Other than continuing to pursue Plan A, anything else is a waste of time.

Plan A, I did and the request was refused by the management building. My concern is I emailed them based on I am the car driver and keeper. Do you think they will pass this to the parking company?  

Whether they do or they don't, it will have little relevance to the overall outcome. This company is averse to taking claims all the way to court. 

Thanks for your reply, please another question concerning this matter, I am planning to send a replying email to the building management thanking them for their effort to help and telling them I will pass their cancellation refusal decision to the driver. This confirms the keeper is not the driver before sending the appeal to PPC. 

Do you agree with this? Or this might cause any reverse outcome latter? 

Grizebeck

Not required. Your over thinking this

Coupon-mad

Which term on that sign did you breach?  

I can't see that the driver did.