First Parking LLP - how litigious/aggressive?

Coupon-mad

Yep, if BPA members with a non-POFA NTK then knock them all down like flies, one by one, at POPLA..

artyboy

Thanks, appeals sent!

artyboy

...aaaaaand, appeals successful (that was quick... how often does that ever happen with the PPC itself, perhaps one with a bit more sense than usual?)

In case it's of any interest to anyone, I adapted the Newbies wording as follows:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

I was not the driver, there will be no admissions as to who was driving and no assumptions can be drawn. As the Notice to Keeper states, you are not aware of the name/address of the driver; therefore you must rely on the Protection of Freedoms Act 2012 ("PoFA") to hold the keeper liable. However your notice is not PoFA compliant, furthermore it was issued 23 days after the 'Event' - far outside of the 14 day period that you have in order for keeper liability to be possible in the first place.

I will not be paying this PCN, it has no prospect of success, nor legal standing; and I therefore suggest you cancel immediately. If however you wish to reject this appeal and waste more of your time and money then you are required to immediately issue me with a POPLA reference code.

Thanks all and keep up the good work!

Arty

Coupon-mad

artyboy said:

...aaaaaand, appeals successful (that was quick... how often does that ever happen with the PPC itself, perhaps one with a bit more sense than usual?)

In case it's of any interest to anyone, I adapted the Newbies wording as follows:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

I was not the driver, there will be no admissions as to who was driving and no assumptions can be drawn. As the Notice to Keeper states, you are not aware of the name/address of the driver; therefore you must rely on the Protection of Freedoms Act 2012 ("PoFA") to hold the keeper liable. However your notice is not PoFA compliant, furthermore it was issued 23 days after the 'Event' - far outside of the 14 day period that you have in order for keeper liability to be possible in the first place.

I will not be paying this PCN, it has no prospect of success, nor legal standing; and I therefore suggest you cancel immediately. If however you wish to reject this appeal and waste more of your time and money then you are required to immediately issue me with a POPLA reference code.

Thanks all and keep up the good work!

Arty

Nicely done!

artyboy

...and still they come. One more today, this time within a week of the 'event', so a more conventional response required. Better go and scope the place for inadequate signage (what are the chances eh...  )

Children... the gift that keeps on giving...

Coupon-mad

artyboy said:

...and still they come. One more today, this time within a week of the 'event', so a more conventional response required.

But it's not just about the timeline.

artyboy

Coupon-mad said:

artyboy said:

...and still they come. One more today, this time within a week of the 'event', so a more conventional response required.

But it's not just about the timeline.

No I know... lots of angles... landowner next. It was just such a nice easy slam dunk when the dates were out of time for PoFA...

Coupon-mad

artyboy said:

Coupon-mad said:

artyboy said:

...and still they come. One more today, this time within a week of the 'event', so a more conventional response required.

But it's not just about the timeline.

No I know... lots of angles... landowner next. It was just such a nice easy slam dunk when the dates were out of time for PoFA...

No, I meant it may still be non-POFA and an easy slam-dunk.

artyboy

Coupon-mad said:

artyboy said:

Coupon-mad said:

artyboy said:

...and still they come. One more today, this time within a week of the 'event', so a more conventional response required.

But it's not just about the timeline.

No I know... lots of angles... landowner next. It was just such a nice easy slam dunk when the dates were out of time for PoFA...

No, I meant it may still be non-POFA and an easy slam-dunk.

Ah yes, gotcha!

artyboy

Well I've been through the PoFA Para 9 wording, and this does look to be a compliant postal NTK (obviously happy to be proved wrong) - I noticed that there's a broken link to the F1rst Parking LLP NTK in the 'NTK collection' link in the Newbies thread, so if anyone wants to use this as an updated version to attach there, then please feel free.

For precision... the '1' in the PPCs letterhead is just styling, and their true company name is First Parking LLP

Anyway, no easy slam-dunk in this regard I think?