Total car parks, 2 PCNs

Coupon-mad

KeithP said:

Ignore that and wait patiently for your appeal rejection and a PoPLA code.

As above.

Those NTKs are both POFA compliant but you won't be paying, @Ab93

You can admit to being the driver in both POPLA Appeals and use the usual stuff in the 3rd post of the NEWBIES thread, plus start with a paragraph quoting the BPA CoP about the requirement for extra signs where a restriction/parking rules are new to a site. State they are in breach.

Go get some good photo evidence of a LACK of prominent signs there in the meantime. Obviously, you will need two sets of photos, given that one event was in broad daylight and the other in the pitch black

UncleThomasCobley

Those NtKs fail PoFA because there fail to identify the creditor with the wording as required in Schedule 4 para 9(2(f), namely "The notice must - identify the creditor and specify how and to whom payment or notification to the creditor may be made;"

The word "creditor" appears 37 times in Schedule 4, for a reason.

You are warned (not advised) that if after the period of 28 days beginning with the day after that on which the notice is given, the amount of the parking charge has not been paid in full, and Total Car Parks Ltd (the creditor) does not know both the name of the driver and a current address for service for the driver, the creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.

It may seem pedantic but the wording in the Act is very specific.

Ab93

Thanks coupon mad I have been taking photos of the car park on my way to and from work, especially from the road and entrance and how my point of view would of been with the car parked doesn’t look great I will post if you like but don’t know if should post the scene of the notice on here? 

And thanks unclethomascobley what would you suggest now wait for the appeal rejection and then hit them with that? 

Great advice as always guys thanks for your time 

Le_Kirk

Ab93 said:

Thanks coupon mad I have been taking photos of the car park on my way to and from work, especially from the road and entrance and how my point of view would of would have been with the car parked doesn’t look great I will post if you like but don’t know if should post the scene of the notice on here? 

Just a gentle pointer that when submitting legal documents, like your defence, you should use proper English grammar.

Ab93

Hi guys got 2 letters this morning one stating they have put these 2 notices on hold and then another ticket! 

Observed: 6/11 
Issued: 24/11

Another obvious attempt to withhold notices in the hope I had paid already and extort more! As previously mentioned the previous notices were the same where they had issued the notice after observing the 2nd. Anything else to do or just appeal this one on the 13th day and carry on?

Thanks again 

Coupon-mad

Appeal as per the NEWBIES thread.

Ab93

Hi all hope you are well, 

I have now received appeal response and popla code, unfortunately (for them) they declined my very generous offer. 

Just wondering what the next step is,

Email them withdrawing the offer first and of course letting them know that no liability has been offered or implied, then straight to popla?
 Or tell them to put up or shut up now as coupon mad said?
What should I be saying to popla?
And also could I have some more advice on the wording being incorrect as unclethomascobley said, if so when would I use that? When speaking to popla?
Let them waste a lot of their money chasing after me and then point it out in the last instance before court? 

Thanks 

Coupon-mad

I've already advised you how to do the POPLA appeal, in my reply on 22nd Nov. 

Ab93

I have everything ready but can’t seem to find the specific paragraph about the new extra signs required for a new site? 

Coupon-mad

You just Google & quote the BPA CoP 2020.