charge for parking in space reserved for another outlet

Dabbed

hi
I have been sent a NTK for parking in a space reserved for an outlet that I didn't visit. 
on entering the car park there was a visible sign saying customer parking only cctv in use. as we were using one of the retail premises on site thought no problem.we visited the retail outlet and on returning to the car noticed a small sign about level with the car bonnet (that hadn't been noticed on parking up) saying the space was for customers of a different retail outlet on the same site only under this sign was the terms and conditions sign that couldn't be seen until car was moved. Received the NTK from Flashpark in post a few days later showing a grainy image from a cctv camera of the car.
I sent a letter (they will only except postal appeals) using the as keeper of the car template(not naming the driver) on here to them. have now received their second letter (making no mention of my reply that I sent) saying I now had to pay the full amount as the reduced time limit had expired.
so my questions are.

can they make a charge when using the shops on site
 
as the signs were poorly placed (the only signs apart from the one on entering saying customer parking only were these low down in front of the spaces reserved for the other retailer ) do I have a case to appeal and if so how

 should I send a second letter as they haven't acknowledged my first or given me a POPLA appeal ref 
 any help would be great thanks
 

Coupon-mad

Just ignore it now. Tell them if you move house within6 years. Come back if they try a claim.

Dabbed

ok thanks for that coupon-mad does it not matter that I don't have a POPLA ref will I still have that option 
move house in 6 years?

Dabbed

just been reading the post I did about another charge 6 years ago if that's what you mean and to my shame have realised I didn't post the outcome
went to POPLA won uncontested
thanks for all the help back then sorry it took 6yrs to thank you all

Coupon-mad

Dabbed said:

ok thanks for that coupon-mad does it not matter that I don't have a POPLA ref will I still have that option 
move house in 6 years?

I don't understand what you mean and I wasn't talking about your other case.

My advice is:

Just ignore it now. Tell them if you move house within 6 years. Come back if they try a claim. 

troublemaker22

@Coupon-mad is usually right but please show us the original NTK just in case. Post both sides, redacting your name, address, vehicle number and any reference but leave in all dates. 

It’s worth doing the exercise as Flashpark is a trading name of the incompetent VCS group, so I wouldn’t put it past them to make a mess of the NTK

Coupon-mad

Is the image on the NTK actually upside-down? Might be worth the laugh of a POPLA appeal as I doubt 'Flashmob' win many! 

troublemaker22

If I was in Dabbed's shoes, I would certainly appeal.  First to Flashpark and then, when the inevitable rejection comes in, to POPLA - using the POPLA Code provided in the rejection.  It doesn't much matter what you write in the bound-to-be-rejected appeal to Flashpark, so long as you don't reveal who was driving.  Something like this should do:-

I appeal as keeper.  I am not obliged to identify the driver and I decline to do so.  You cannot hold me liable as keeper because your PCN does not conform to the requirements for keeper liability in Schedule 4 to the Protection of Freedoms Act 2012 ('POFA') and it is now too late for you to deliver a POFA-compliant notice to keeper.

Specifically, and without limitation, your PCN does not include the mandatory warning set out in POFA paragraph 9(2)(f).

I require you to cancel the PCN or issue a POPLA code so POPLA can order you to cancel it.

There may be other grounds but you have redacted the location and the time of reporting.  This can  all be fleshed out at the POPLA stage if you have by then posted a less eccentrically redacted copy.

A word of caution.  Rather suspiciously, Flashpark accepts appeals only by post - not by email or online.  This could be a set up for a claim that it wasn't received in time for the 28 day deadline which expires on Wednesday. The obvious solution to send it by Royal Mail special delivery would backfire if they simply fail to accept delivery.  I'd be inclined to send it in triplicate in 3 separate envelopes by first class post on Monday at a Post Office getting a free certificate of posting for each one. If you have time, use different Post Offices. They'll be hard pressed to argue that they all got delayed in the post.

Dabbed

Yes the image is upside down 
sent a letter (took a photo of both letter and envelope) using the refusing to name the keeper template from this site and asking for more information 
Is that sufficient or do I need to do as troublemaker says and send an appeal?  also as it’s postal and dated Thursday do I get a few more days as  section 9 says allow 2 working days from date of letter and  that will take it past the weekend as sat & sun don’t count 

troublemaker22

Sorry, I skimmed your opening post and concentrated on the NTK so didn’t notice that you’d already appealed. 

No you don’t get extra time for non working days. POFA paragraph 9 says nothing about the timing of appeals. It tells you when the NTK is deemed to be delivered. The timetable for appeals is printed on the NTK which specifies  28 days from the issue date not the delivery date. 

What you wrote in your opening post confirms my suspicions about Flashpark (really the notorious VCS) playing games about not receiving your letter in time. In your shoes, I would make 2 copies of the letter you’ve already sent and post them first class tomorrow (Monday) morning from a Post Office (or 2 Post Offices if you have time) with free certificates of posting. Enclose a covering letter saying you are sending this copy of your “appeal letter” as they haven’t acknowledged receipt of the original. 

Please tell us what was under the unnecessary redactions and we can come up with a suggestion for your POPLA appeal. 

fisherjim

Flashpark are still dimwits aren't they sending out that trash, I remember when they started up by a restaurant owner with his "Talking Parking Ticket"!

https://flashpark.co.uk/private-parking-tickets/talking.php

Next generation was the talking gas safety sticker (where they bragged it looked like a Penalty Notice Ticket):

https://www.flashpark.co.uk/talking-gas-safety-ticket/