PCN Appeal

Lurch127

Hi Everyone

I received a PCN on 04-Feb from Local Parking Security, as per the advice on this forum I appealed using the template language confirming I would not provide the name of the driver on 28-Feb

MY appeal was rejected by email: 

Dear Sir/Madam,

 

Parking Charge: XXXXXX

Vehicle Registration: XXXXXXX

POPLA Verification Code: XXXXXXX

Thank you for your recent communication.

Having considered your appeal in detail we have decided to uphold the Parking Charge (PC) as we believe that it was correctly issued in accordance with the terms and conditions advertised within the area concerned. Please note you have until 14 days from this email to pay the outstanding amount of £100.00 after which an admin fee of £10.00 will be added and the PC will be passed to debt recovery.

We can confirm that the Parking Charge was issued due to parking with no valid pass.

We note the comments made in your appeal, however we cannot rescind the PC on this basis. We have been instructed by our client to issue a Parking Charge to all vehicles parked without displaying a valid pass.

All signs on site are compliant with the British Parking Association (BPA) and The Private Parking Sector Single Code of Practice June 2024.  Signs and Surface markings must be designed, applied and maintained in such a way as to be visible, legible and unambiguous to drivers. Clause 3.1.1, of the single code states that “An entrance sign must be displayed and maintained at the entrance to controlled land to inform drivers as appropriate whether parking is permitted subject to terms and conditions, including payment, or is prohibited, unless: subject to terms and conditions, including payment, or is prohibited”. It also states in clause 3.1.3 a) that signs must be placed within the controlled land, such that drivers have the chance to read them at the time of parking or leaving their vehicle. There are several signs situated around the car park that advise of the tariff, terms and conditions, we can confirm all signage on site is BPA approved, and compliant with The Private Parking Single Code of Practice. Please be aware all signs are set to a standardised height, regulations and written in clearly and intelligible language. There is no ambiguous language or jargon on any of the signs at this site.

The legal basis of the Parking Charge is based on the contract entered by drivers who park on private land. The terms and conditions upon which the contract is based is clearly stated on all signage located throughout the car park. When parking on private land the motorist freely enters into an agreement to abide by the conditions for parking in return for permission to park, it is the motorists responsibility to ensure they abide by any clearly displayed conditions for parking.

As you were not displaying a valid pass, we have no option but to uphold the Parking Charge.

You have now reached the end of our internal appeals procedure and therefore you now have two options, you can pay or appeal further with POPLA – you cannot do both. If you wish to make an appeal to POPLA the forms are available on their website at 

The verification code you will need in order to appeal to the Independent Appeals Service is XXXXXXX. It is important that you reference this on the appeals form as appeals submitted without this code will not be assessed. You have 28 days from the date of this letter to lodge your appeal with POPLA.

By law we are also required to inform you that Ombudsman Services provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.

Payment can be made using our online payment system, please use link and follow the instructions. 

Alternately you can make a payment on our automated phone line by calling 0844 474 0904. 

Yours Sincerely,

Local Parking Security Ltd 

 

Appeals Department.

(Links removed as per forum regulations)

No photos have been provided and they are now referring to the PCN as a PC (Parking Charge) should I submit another appeal? Or appeal to POPLA?

ChirpyChicken

why do you think another appeal to the parking firm would work?

Lurch127

ChirpyChicken said:

why do you think another appeal to the parking firm would work?

They have not provided any photographic evidence of the alleged violation. Would they be compelled to admit they do not have any evidence or otherwise they would have already provided it?

ChirpyChicken

Irrelevant TBH
dont bother doing an appeal to POPLA
Come back if you get a letter before claim/court claim
let the parking company know if you move in the next 6 years 

Coupon-mad

Depends of the NTK was non-POFA or not. Check the pictures in my NTK pictures thread.

ChirpyChicken

Coupon-mad said:

Depends of the NTK was non-POFA or not. Check the pictures in my NTK pictures thread.

LPS are (well id put a pint on it they are....)

Lurch127

As far as I can tell there is no mention of POFA on the ticket that was left on the windscreen and I have not received anything further in the post

Coupon-mad

Oh, what about the NTK in the post?

Lurch127

Coupon-mad said:

Oh, what about the NTK in the post?

Nothing has been received in the post

All I have received was a ticket on the windscreen and a rejection email to my appeal

Coupon-mad

Ah good! They have until day 56 (from the event) to serve a compliant NTK, and they might not do that if they are thinking they've dealt with it via appeal. 

Make sure you appeal to POPLA as close to day 56 as you can get. POPLA Codes last 33 days so work out the optimum day!

Lurch127

Coupon-mad said:

Ah good! They have until day 56 (from the event) to serve a compliant NTK, and they might not do that if they are thinking they've dealt with it via appeal. 

Make sure you appeal to POPLA as close to day 56 as you can get. POPLA Codes last 33 days so work out the optimum day!

Thanks

Just to confirm. Should I appeal to POPLA on Day 56 only if they have sent me a NTK? Or should I appeal to POPLA on day 56 regardless of whether they have sent me a NTK or not?