DCB LEGAL court claim 2025 - UKPC – Parkhouse Court - Hatfield - Draft Defence.

maddiction

Coupon-mad said:

maddiction said:

Castle said:

The NTK issued on 10th October for the non windscreen event on 7th September would have been received too late for POFA.

I am assuming they will argue that a notice to driver was issued though, sighting the picture of the one attached the windscreen as evidence.

They won't because the postal NTK will refer to paragraph 9 of Schedule 4 (probably) and will offer the discount and not refer to having served a NTD on the driver already.

A NTK that follows a windscreen PCN has the above extra words but refers to para 8 and offers no discount.

They are both identical and just mention Schedule 4.  Not sure if they are offering a discount as the summary of charges shows a discount, but not discounted total...  I'll see if I can get copies uploaded.  I only have a copy of the front on the computer here, i'm assuming the back is just 'how to pay' etc..

Fronts of both NTK's

https://ibb.co/R2ZGrkv

https://ibb.co/CBcR0qv

I'll double check the back tomorrow (there on my desk at work).

Back (same for both, apart from the QR code) of on of the NTK's

https://ibb.co/HgZWYfS

Gr1pr

Never assume, check, always check 

Some companies put little information on the front and the details on the back. ( Like Parking Eye for example. )

Coupon-mad

maddiction said:

Coupon-mad said:

maddiction said:

Castle said:

The NTK issued on 10th October for the non windscreen event on 7th September would have been received too late for POFA.

I am assuming they will argue that a notice to driver was issued though, sighting the picture of the one attached the windscreen as evidence.

They won't because the postal NTK will refer to paragraph 9 of Schedule 4 (probably) and will offer the discount and not refer to having served a NTD on the driver already.

A NTK that follows a windscreen PCN has the above extra words but refers to para 8 and offers no discount.

They are both identical and just mention Schedule 4.  Not sure if they are offering a discount as the summary of charges shows a discount, but not discounted total...  I'll see if I can get copies uploaded.  I only have a copy of the front on the computer here, i'm assuming the back is just 'how to pay' etc..

Fronts of both NTK's

https://ibb.co/R2ZGrkv

https://ibb.co/CBcR0qv

I'll double check the back tomorrow (there on my desk at work).

- The one that shows the pic of the windscreen yellow ticket fails POFA 8(2)c
https://www.legislation.gov.uk/ukpga/2012/9/schedule/4

- The one that doesn't relate to any windscreen PCN fails paragraph 9 because it was served outside of the fixed 14 day period for postal PCNs issued under para 9 and fails to offer the discount in the total.  It is unlawfully demanding the full £100 which is also a clear breach of the BPA Code of Practice.

maddiction

Coupon-mad said:

- The one that shows the pic of the windscreen yellow ticket fails POFA 8(2)c
https://www.legislation.gov.uk/ukpga/2012/9/schedule/4

- The one that doesn't relate to any windscreen PCN fails paragraph 9 because it was served outside of the fixed 14 day period for postal PCNs issued under para 9 and fails to offer the discount in the total.  It is unlawfully demanding the full £100 which is also a clear breach of the BPA Code of Practice.

The one that leads (on the front of the NTK) with the picture of the windscreen ticket is the one that in actual fact did not have a windscreen ticket... (cough.. *scam*  cough..)  This is the one time stamped 5 minutes AFTER the one that had got a corresponding windscreen ticket...

The one that shows the back of the car as the lead picture, did leave a windscreen ticket for....

Both sets of some 8 or 9 photo's (They do a great job of tying to hide the fact it is the same car in EXACTLY the same place, with some jaunty angels... while still completely showing it is the same car in the same place.....  Blockwork parking spaces give plenty of clues as do the adjacent vehicles... ) show the single windscreen ticket, in exactly the same place....

My worry is that they show the same windscreen ticket in both sets of pictures (they were only 5 min apart) so they will claim they issues a windscreen ticket for both and one has gone missing (as the registered keeper, can they ask how I would know there was only the one??)  and I have little to no way of proving otherwise, beyond there own pictures showing the one windscreen ticket in both, based it it been in exactly the same place. 

Does that make any difference to your comments Coupon-Mad?  

Cheers,

m

Coupon-mad

They can't issue two PCNs in 5 minutes. They'll have to cancel one and you'll win the other one at POPLA.

Appeal BOTH as registered keeper (not saying who was driving) along the lines above, cross-referencing both PCNs and saying there was just one windscreen PCN and neither NTK is POFA compliant, so there is no keeper liability.

Meanwhile ALSO lodge a complaint on their complaints page that they issued 2 PCNs for the same parking period.

Le_Kirk

maddiction said:

Both sets of some 8 or 9 photo's (They do a great job of tying to hide the fact it is the same car in EXACTLY the same place, with some jaunty angels... while still completely showing it is the same car in the same place.....  Blockwork parking spaces give plenty of clues as do the adjacent vehicles... ) show the single windscreen ticket, in exactly the same place....

I love the idea of some happy cherubim and seraphim gambolling around the car park but hope you meant jaunty angles!

maddiction

Le_Kirk said:

maddiction said:

Both sets of some 8 or 9 photo's (They do a great job of tying to hide the fact it is the same car in EXACTLY the same place, with some jaunty angels... while still completely showing it is the same car in the same place.....  Blockwork parking spaces give plenty of clues as do the adjacent vehicles... ) show the single windscreen ticket, in exactly the same place....

I love the idea of some happy cherubim and seraphim gambolling around the car park but hope you meant jaunty angles!

Indeed!!  Unfortunately a mundane typo.. they are not merrily floating around Parkhouse Court dishing out tickets and taking pictures.

I have added a copy of the back of one of the NTK's to my post above, with the front's of the NTK's, both are the same except the QR code to make a payment..  

m

Coupon-mad

OK - my advice hasn't changed and I already suggested two things to do now to kill these.  You won't be paying either PCN.

maddiction

Thanks Coupon-mad, I am in process of writing those up.

Does the complaint just need to stick to the points you mentioned or can I add other things like the signage that does not meet the BPA's CoP without effecting it?  

With the 1st appeals to the operator, do I need to keep them short and sweet as per the text in the newbie thread and add the points you have given me, just to get the POPLA codes?  Or can I add the signage points per the CoP again?


Thanks,

m

Coupon-mad

Only use what I said (nothing more) but you aren't just appealing. A reminder that I advised you to make 2 forms of contact:

They can't issue two PCNs in 5 minutes. They'll have to cancel one and you'll win the other one at POPLA.

1.   Appeal BOTH as registered keeper (not saying who was driving) along the lines above, cross-referencing both PCNs and saying there was just one windscreen PCN and neither NTK is POFA compliant, so there is no keeper liability.

2.  Meanwhile ALSO lodge a complaint on their complaints page that they issued 2 PCNs for the same parking period.