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Is there any way to just pay the parking charge, not the pcn?
Comments
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No need to emphasise one over the other.Give them equal prominence and make the point that each of those grounds is alone sufficient to require the PCN to be cancelled.2
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And we have a win. Nexus has withdrawn "After further investigation."
Thank you all for your help.3 -
troublemaker22 said:In the OP's shoes I'd appeal to POPLA. A win at POPLA forces the operator to cancel the charge but a loss at POPLA is not binding on the motorist.
I respectfully disagree with the contributor who characterised this as a POFA fail case. There's no requirement to use the word "creditor" so long as the meaning is correctly conveyed. I'd concentrate on the failure to properly publicise the change in terms and conditions. Section 19.10 of the BPA AOS Code of Practice will be key to the appeal:19.10 Where there is a change in the terms and conditions that materially affects the motorist then you must make these terms and conditions clear on your signage. Where such changes impose liability where none previously existed then you must consider a transition to allow regular visitors to the site to adjust and familiarise themselves with the changes. Best practice would be the installation of additional/temporary signage at the entrance and throughout the site making it clear that new terms and conditions apply. This will ensure such that regular visitors who may be familiar with the previous terms become aware of the new ones.
19.3 will also be relevant:19.3 Specific parking-terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand. (Emphasis added)
The photo of the two contradictory signs side by side should be included.
Be sure to finish with:
The operator has not demonstrated that it owns the land or is authorised by the landowner to issue and enforce parking charges and I reserve the right to expand on this in light of any evidence or arguments put forward by the operator.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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