Carparkers Appeal

foehammer92

I have just received my letter and I need advise on if/how to proceed with appeal. I have read the newbies faq and understand the basics. I intend to send the templates appeal to carparkers on their website. Can anyone advice on how this is likely to progress and how at the popla stage, or later if rejected there, this actually will happen?

real story. I Entered 18:47 and left at 23.02

4.25 ish hours. Friend paid for 3 hour ticket. 

I didn’t realise it was anpr and just lost track of time. Returned to a pitch black empty car park except me. 

Can and will update thread with any new letters or emails and seek advice as this progresses. Any help appreciated I’m out of my depth here so hoping you all know better. 

foehammer92

Will post pictures of the letter and there evidence photos soon once I’m allowed (how active do I have to be before I can post pictures???)

Coupon-mad

Just ignore it is one option. But show us the NTK front & back, redacted of data and any QR  code but SHOW ALL DATES. 

foehammer92

What happens if I ignore it? Is that a better option than the appeal template?

foehammer92

@Coupon-mad done

Half_way

The front states "Offence Date" what is the offence that they are alledging you have committed?

If it's an offence It won't be a private parking charge from an unregulated parking company, if they are starting your have committed an offence then that should be a police matter.

fisherjim

Carparkers is a one man band which cropped up recently with an equally childish NTK.

He has very little in the bank for taking this much further, and as Half_way states he isn't that bright.

I would report him to the BPA for stating that this is an "offence" (an illegal act) which it isn't, and that is misrepresentation of authority

foehammer92

@fisherjim sooo I haven't appealed yet. Should I send the template appeal, perhaps with an added part saying “the misrepresentation of authority implying an offence has been committed is a breach of ?x? And a complaint to the BPA will be made unless…?this matter is resolved??”

Gr1pr

I would appeal it to the parking company, as keeper, with either a forum based targeted approved appeal, or the template appeal in blue, no blabbing about who was driving, no I parked or any implications 

And also 

Use the separate link for complaints on the BPA AOS members list to complain about the word OFFENCE on the PCN 

Once they reply to the complaint, then you could report them for misrepresentation to the BPA AOS compliance team by using the online form on the BPA website 

As for the actual appeal itself, wait for the reply and then return to this thread for further advice 

Coupon-mad

You can't complain to the BPA until you've complained first to CarParkers, just so you know.  Not appealed. Complained.

LDast

You appeal ONLY as the keeper. The NtK does not fully comply with the applicable conditions of PoFA, namely there is no "invitation" or synonym of the word for the keeper to pay the charge, which is a failure to comply with Schedule 4, paragraph 9(2)(e)(i).

Also, stating the the "contravention" was an "offence" is a breach of the BPA CoP section 14 which deals with misrepresentation of authority. As pointed out already by @Half_way, their use of the word "offence" is a blatant misrepresentation.

Use a simple "go sit on a sharp stick and rotate" protocol for your appeal. Something along the following lines would be appropriate:

I appeal as keeper.  I am not obliged, legally or otherwise, to identify the driver and I decline to do so.
As there is no legal presumption that the keeper of a vehicle was its driver (as opposed, for example, to being a passenger) on any particular occasion, you are unable to pursue me as driver.

Your inability to transfer the driver’s liability (if any) to me, the keeper, pursuant to Schedule 4 to the the Protection of Freedoms Act 2012 (PoFA) is because your Notice to Keeper (NtK) has not complied fully with all the applicable conditions of Schedule 4 paragraph 9(20(e)(i) as there is no invitation, or any synonym of that word, for me, the keeper, to pay the charge. 

Please do NOT try the common trick of 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.

Additionally, you state on your NtK an "offence" date. Use of the word "offence" is a clear breach of section 14 of the British Parking Association (BPA) Code of Practice (CoP) in that it is a blatant misrepresentation that the notice is issued under some statutory authority which, I and anyone else who will deal with this matter knows, your pathetic little company isn't and never could be. I will definitely be reporting this breach of the BPA CoP whatever happens.

Please cancel the notice with immediate effect or issue a POPLA code at which point you will auto withdraw or risk paying the assessor fee which I doubt your little company can ill afford.