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Baysentry PCN- Citipark app error

Hi, Was hoping to get some help with this issue. 
I have read the Forums and newbie section ( Has helped me get a cancellation in the past. Thanks!) but wanted to check as this one is different. 


I have received a PCN from a company called Baysentry Solutions. 
Car was parked in car park and the signs all say to pay on on/after exit. You are able to pay for your stay by using app called CitiPark. 
After leaving the car park and attempting to pay for the stay the app, it would have been £2 in total, a  payment was not possible as the app was not bringing up the parking session. ( There is a screen recording of this attempt)
Parking stay was after 10PM so assumption was made that it may be free as it used to be when last visited years ago. Attempted again on the app the next day but again not possible.


Have spoken to Citipark and they said they cant do anything and to appeal to baysentry.  

After searching for baysentry on previous posts like below, its been said that the notice is clearly non-POFA
https://forums.moneysavingexpert.com/discussion/6495992/late-notice-to-keeper-but-accepted-i-was-driver

Should the first appeal still be done with the standard blue template in the newbies thread for this reason?
Thanks.
«13

Comments

  • Fruitcake
    Fruitcake Posts: 58,228 Forumite
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    Plan A is always a complaint from the keeper to the landowner and the keeper's MP.

    Plan B is to appeal as keeper using the template in blue text from the NEWBIES. If the NTK was not PoFA compliant, then add a one liner to that effect stating that since the keeper cannot be liable for the charge, it should be cancelled to save themselves money.

    If you want a second opinion about the NTK, please post a redacted copy of both sides, but leave the dates showing.
    I married my cousin. I had to...
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  • Fruitcake said:
    Plan A is always a complaint from the keeper to the landowner and the keeper's MP.

    Plan B is to appeal as keeper using the template in blue text from the NEWBIES. If the NTK was not PoFA compliant, then add a one liner to that effect stating that since the keeper cannot be liable for the charge, it should be cancelled to save themselves money.

    If you want a second opinion about the NTK, please post a redacted copy of both sides, but leave the dates showing.
    Would appreciate a second opinion. Thank you. 
    Pics attached. 


  • Debszzzz2
    Debszzzz2 Posts: 248 Forumite
    First Post Name Dropper
    edited 24 February at 8:06AM
    The notice does not comply with PoFA which means that they cannot hold the keeper liable for the charge. Only the driver is liable and they have no idea who that is unless the keeper has identified themselves as the driver.
    Appeal with the following, making sure not to select anything that says you were the driver.

    You are appealing as the keeper:
    This is an appeal by the registered keeper - No driver details will be given. Please do NOT try asking for driver details in order to get around the fact your NtK does not comply with PoFA. As there is no keeper liability, therefore, liability cannot flow from the driver to the keeper and so, is an automatic win at POPLA. Please cancel the notice or issue a POPLA code at which point you will auto withdraw.


  • Debszzzz2 said:
    The notice does not comply with PoFA which means that they cannot hold the keeper liable for the charge. Only the driver is liable and they have no idea who that is unless the keeper has identified themselves as the driver.
    Appeal with the following, making sure not to select anything that says you were the driver.

    You are appealing as the keeper:
    This is an appeal by the registered keeper - No driver details will be given. Please do NOT try asking for driver details in order to get around the fact your NtK does not comply with PoFA. As there is no keeper liability, therefore, liability cannot flow from the driver to the keeper and so, is an automatic win at POPLA. Please cancel the notice or issue a POPLA code at which point you will auto withdraw.


    Will do as you have said.  Thanks 👍
  • Debszzzz2 said:
    The notice does not comply with PoFA which means that they cannot hold the keeper liable for the charge. Only the driver is liable and they have no idea who that is unless the keeper has identified themselves as the driver.
    Appeal with the following, making sure not to select anything that says you were the driver.

    You are appealing as the keeper:
    This is an appeal by the registered keeper - No driver details will be given. Please do NOT try asking for driver details in order to get around the fact your NtK does not comply with PoFA. As there is no keeper liability, therefore, liability cannot flow from the driver to the keeper and so, is an automatic win at POPLA. Please cancel the notice or issue a POPLA code at which point you will auto withdraw.


    Sorry just wanted to check which option I should choose? I know the advice is usually pick 'other' or something along those lines



    For this question I have selected 'Vehicles Keeper'





  • Debszzzz2
    Debszzzz2 Posts: 248 Forumite
    First Post Name Dropper
    If you have no option to select “other” in that first menu, then do not use the online appeal. There are a couple of images which have not shown in your post. Obviously, you are appealing as keeper, nothing else.

    if you can’t use the online appeal, just send your appeal by first class post and get a free “proof of posting” certificate from the Post Office.
  • Coupon-mad
    Coupon-mad Posts: 131,517 Forumite
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    Just choose 'no signage' of course. It'll do.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Grizebeck
    Grizebeck Posts: 2,761 Forumite
    First Anniversary First Post Name Dropper Photogenic
    Debszzzz2 said:
    If you have no option to select “other” in that first menu, then do not use the online appeal. There are a couple of images which have not shown in your post. Obviously, you are appealing as keeper, nothing else.

    if you can’t use the online appeal, just send your appeal by first class post and get a free “proof of posting” certificate from the Post Office.
    Makes no difference which option you chose when using the zat park portal 
    Advocate in the County Court dealing with a variety of cases, attending the courts in the North East and North Yorkshire
  • Debszzzz2 said:
    If you have no option to select “other” in that first menu, then do not use the online appeal. There are a couple of images which have not shown in your post. Obviously, you are appealing as keeper, nothing else.

    if you can’t use the online appeal, just send your appeal by first class post and get a free “proof of posting” certificate from the Post Office.
    Thanks. Il post just to be on the safe side.

    Tried a different pic upload. 

  • Coupon-mad
    Coupon-mad Posts: 131,517 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Don't post it.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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