Ace Security Services CN - delivery?

Coupon-mad

I'd ignore an IPC one completely because they have never engaged with a fair, fully independent and proper appeals service, so why should the public take them seriously?

Ignore.

Tell them if you move house within 6 years.

tdw

Hi,
Should I not send in that template letter at all saying we had driver on delivery?

In the Newbie thread it said do not ignore the NTK letters, we should respond?

What do you advise to do next?  I don't want them harassing me for more money or court letters.
Thanks

tdw

Just re-reading the IPC bit in the Newbies thread:
I am confused about ignoring or sending an appeal as the keeper not identifying the driver - whether successful or not - probably not judging from responses but isn't it safer to acknowledge and refuse to pay? 

IPC members are different:

In the case of CURRENT IPC AOS MEMBERS ONLY, we now advise to WAIT for a Notice to Keeper to arrive and then challenge once as the KEEPER, not driver, using the template appeal, as shown below.

Q -''Why wait for the 'NTK' to arrive a month later, after finding an IPC member windscreen PCN?''

A: Because there has been shown to be no appeal worth trying really, you will get a rejection anyway, so you may as well leave it and see if they issue a NTK and let them apply to the DVLA (unless yours is a company or lease car of course, in which case you MUST appeal at windscreen PCN stage as stated at the end of this thread).

Coupon-mad

My rationale is here and I don't just mean the first post by me at the top of page 3:

https://forums.moneysavingexpert.com/discussion/6493394/hx-car-park-management-ltd-at-tesco-petrol-station-willow-brook-centre-bradley-stoke/p3

tdw

Debszzzz2 said:

And show us the dates.

The front of the NtK does not comply with PoFA 8(2)(a) as it does not specify the period of parking. 8(2)(b) as it does not inform the keeper that the driver is required to pay the parking charge. 8(2)(e) does not specifically invite the keeper to pay the charges.

Jopson v Homeguard will be an easy defence.

It is not paid parking, it is residential parking so there was no payment opportunity,
Surely loading and unloaded is allowed especially if we have a job sheet, and pics showing that there was a delivery taking place of a large item?
the vehicle was observed at 10:47 and ticket issues at 10:52.

Coupon-mad

Yes unloading is not parking.

Would win in court.  See my rationale why NOT to waste your time with kangaroo courts along the way.

tdw

I sent an appeal, they replied with:

Dear XXXXX

 

Thank you for your e-mail, as you have stated that you are the vehicle keeper and wish to appeal please could you give your mitigating circumstances which have prevented you from appealing within the 28 days allowed to appeal.

 

To address the points, you have raised please see the following responses:-

 

Our Warning Signs clearly state that a valid permit must be displayed when parking on the Relevant Land and this applies to all vehicles, the Warning Signs do not mention an allocated time for loading and unloading because the landowner does not want to facilitate this, if you wish to park to unload you must obtain a temporary permit from the onsite porter, something that was not available in the Jobson case.

 

The parking Charge was issued to the vehicle at the time the parking event occurred on 20.01.24 at 10.52. The photographs may be viewed at www.acepay.co.uk showing the Charge Notice affixed to the windscreen, this is also known as a Notice to Driver. The letter that you have received and refer to is a Notice to Keeper, where the driver has not identified themselves. To comply with POFA paragraph 8(2) f this letter cannot be sent until at least 28 days after the Charge Notice was affixed to the windscreen.

 

The Charge Notice affixed to the windscreen informed the driver that the vehicle was observed parked without displaying a valid permit from 10.47 to 10.52. The Notice to Keeper clearly states the location the vehicle was parked, the date and time the Charge Notice was issued and the reason the Charge Notice was issued . The date and time can be found on the top right-hand side of the first page as well as in the first paragraph along with the location and the reason for issue.

 

As we are members of the IPC all our Signage, Documents and the Letter that was sent are all fully compliant with legislation otherwise we would not have access to the DVLA.

 

On entering site and reading the Warning Signs the driver enters into a contract with us, the Warning Signs clearly inform the driver of the Terms and Condition of parking, and it is solely the drivers responsibility to comply otherwise they risk being issued with a Charge of £100.

 

Finally, there is nothing on your notice on the dash board to indicate you were doing a delivery at Highlands Heath and a piece of cardboard lent against the back door of the van does not indicate that you are doing a delivery.

 

Yours Sincerely,

 

Appeals Department

Coupon-mad

Ignore them now. Hilarious!

Have you shown us both sides of the PCN for my thread showing NTKs? EDT, I see you did:
https://forums.moneysavingexpert.com/discussion/comment/80623847/#Comment_80623847


  

Nellymoser

You maybe interested in this

https://petition.parliament.uk/petitions/658341
Exempt all delivery drivers from parking fines

tdw

Having not heard anything for a while, I received this letter from bwlegal requesting £160 by 04/07/24.

I had a quick search through the forum, I am not sure what to make of this request.  

Do I ignore it

I did email Pace as they were enquiring why my appeal was so late, I explained that as the registered keeper I was out of the country and they requested proof which I supplied, then then proceeded to reject the appeal "after consideration".  I still have not identified the driver.

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