Euro Car Parks

thegasman888

And do nothing....up to and until?

Coupon-mad

Please read the NEWBIES thread fourth then second posts. In that order.

We can't do this basic stuff in each and every thread.  This is what the NEWBIES FAQS thread is for.

Gr1pr

Exactly, they post NTK PCNs out daily, standard practice, they don't have to prove that it was received or delivered, its presumed to be delivered 2 business days later ( you can't prove a negative, meaning non delivery. )

POFA required them to send it within say 10 to 12 days 

If you do the Popla appeal and they contest it, their evidence pack will contain a copy of the missing NTK PCN letter for you to study 

Coupon-mad

thegasman888 said:

Thanks. I'm not regretting the time spent writing that at all

I was hoping the no NtK received, and 1st correspondence arriving > 28 days might make it non-compliant, as according to my reading of the regs it could be (although I understand they can say we sent it...and then, bizarrely the burden of proof appears to be on me to demonstrate otherwise?). 

You can't prove it didn't arrive. A letter is deemed delivered unless the contrary is proved (Interpretations Act, I believe).

The only potentially winning point I saw was your photo of no entrance sign but is that just due to the angle of the photo, and have you embedded the metadata to show when that pic was taken?

thegasman888

Coupon-mad said:

thegasman888 said:

Thanks. I'm not regretting the time spent writing that at all

I was hoping the no NtK received, and 1st correspondence arriving > 28 days might make it non-compliant, as according to my reading of the regs it could be (although I understand they can say we sent it...and then, bizarrely the burden of proof appears to be on me to demonstrate otherwise?). 

You can't prove it didn't arrive. A letter is deemed delivered unless the contrary is proved (Interpretations Act, I believe).

The only potentially winning point I saw was your photo of no entrance sign but is that just due to the angle of the photo, and have you embedded the metadata to show when that pic was taken?

It's from Street View, so I'm not sure it will help that much.

thegasman888

Gr1pr said:

Exactly, they post NTK PCNs out daily, standard practice, they don't have to prove that it was received or delivered, its presumed to be delivered 2 business days later ( you can't prove a negative, meaning non delivery. )

POFA required them to send it within say 10 to 12 days 

If you do the Popla appeal and they contest it, their evidence pack will contain a copy of the missing NTK PCN letter for you to study 

Thanks. Maybe worth a punt with the appeal, but it appears general thought from responders is that this all looks POFA compliant.

thegasman888

Coupon-mad said:

Please read the NEWBIES thread fourth then second posts. In that order.

We can't do this basic stuff in each and every thread.  This is what the NEWBIES FAQS thread is for.

No, sure. I was going to head back....

The resources here are useful and appreciated.

thegasman888

I sent the appeal in to POPLA. I received this today, and so I think that’s the end of it, no?

Thanks for the comments, templates etc

Dear xxxxxx,

The operator has contacted us and told us that they have withdrawn your appeal.

If you have already paid your parking charge, this is the reason your appeal will have been withdrawn. Unfortunately, you cannot pay your parking charge and appeal, which means that POPLA’s involvement in your appeal has ended. You will not be able to request a refund of the amount paid in order to resubmit your appeal to us.

If you have not paid your parking charge, the operator has reviewed your appeal and chosen to cancel the parking charge. As the operator has withdrawn your appeal, POPLA’s involvement has now ended and you do not need to take any further action.

Kind regards

POPLA Team

Coupon-mad

Yay - jolly good! You won!