Secure Parking DCB Legal court claim 2025

Pcngone

Hi guys, i was about to send off the appeal but was stopped in my tracks whilst reading pofa 2012 schedule 4. I dont quite understand it so hoping for someone to dumb it down for me. So according to paragraph 9 A notice which is to be

relied on as a notice to keeper for the purposes of paragraph 6(1)(b) as this applies to me as all that was received was a NtK and that is all. It says in paragraph 9(2)(e) (e)

state that the creditor does not know both the name of the driver and a current address for service for the driver and

invite the keeper-

(i) to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

Does this mean on the Ntk they have to actually say the operator does not know the name of the driver and current address because all that is said is the following:

Pcngone

Am I missing something here because it doesn’t actually state that so would this be a compliance issue of pofa 2012 section 4?

Coupon-mad

We agree.

They do have to: "state that the creditor does not know both the name of the driver and a current address for service for the driver and

invite the keeper-

(i) to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;"

That potentially wins it at POPLA.

Pcngone

Hi guys im back again, confidence in this thing is hitting a big low now. So the PPC contested the Popla appeal with the following evidence pack https://drive.google.com/file/d/15aoevQWgkZSl8A9SdTENMd6e72OO5Xro/view?usp=sharing im now required to make comments on this but i just dont know what to say. i have read through some of the comments post regarding evidence rebuttal but i cant see any that will really help me with the comments made by the ppc. please help

Coupon-mad

You just repeat what I said above.

Pcngone

Are you talking about the pofa breach section 4? Seeing how popla have been half asleep lately, will they not just use the statement at the top of the ntk which says ‘you are warned that if after 29 days the charge has not been paid in full or we do not know both the name and current address of the driver…” as evidence that the ppc is implying they do not know who the driver is 

fisherjim

I have skim read all this and it's too late now but I think you missed two important points in your POPLA appeal: 

1- as the signage states there was no parking or waiting at any time no exceptions, then you could not enter into a contract for something that is forbidden. 

2- The sign stating Parking Regulations Apply, is strictly against The BPA COP, and probably against the law, a PPC cannot state that parking "regulations" (a rule or directive made and maintained by an authority) exist, and as such they are breaking BPA COP section 14:

14.2 You must not use terms which imply that parking is
being managed, controlled and enforced under statutory
authority.

It should state something like Parking Terms and Conditions apply.

Pcngone

Hi jim thanks for the reply. As I appealed saying no signs were present the ppc replied to popla in the evidence pack with the signs. Can I refute with what you’ve said now in the comments section to rebut the evidence pack? Also as above with what coupon mad has said are you able to shed more light on what they mean?

fisherjim

You should refute every thing they throw at you, POPLA only have to agree with you on one point and you win, at this stage you cannot add more to your appeal, but you can destroy their evidence.

Tazman1969

I have had a look back on street view Google maps (2 years) and no signs are showing. 
It's not unknown fir PPC to infringe on to local authorities roads etc.
Work a search for this address to see who actually owns it.