Driver Leaving Site NtK - 1st Appeal Rejected

deanowolves123

Hi Folks,

Looking for a little help, I’ve had my first appeal rejected (see below) - I wish I’d have come here first and seen some of the great advice offered… as such I’m now at the stage where my first appeal with the company has been rejected so looking for some help as to what to do next. Looks like they are not registered with POPLA so I don’t want to mess up my next step…I didn’t give anything away in my first “appeal”, I only said that there was no evidence of the driver leaving site and I didn’t give any driver details.

Being a “worrier” I almost just paid it, but I’m hoping someone can help me as to what my next step should be. They have told me to appeal to “independent appeal service”, can anyone help me with the text to send to them when appealing?

any help would be gratefully received…

ChirpyChicken

Did you deny leaving site?
If so its an easy win at The IAS if they have no photos of you doing so

If you did admit leaving site..do nothing. Deal with any court claim and inform the parking firm if you move 

deanowolves123

ChirpyChicken said:

Did you deny leaving site?
If so its an easy win at The IAS if they have no photos of you doing so

If you did admit leaving site..do nothing. Deal with any court claim and inform the parking firm if you move 

Thanks for taking the time to reply 😊

I didn’t refer to the driver at all, so effectively didn’t deny it in the appeal directly , I just said there is no evidence of the driver leaving site (so effectively a denial).

They have sent me pictures of the parked car and signage only, with a statement that a “male wearing shorts, purple jacket” etc saw observed leaving site. No photos or video of that though.

ChirpyChicken

deanowolves123 said:

ChirpyChicken said:

Did you deny leaving site?
If so its an easy win at The IAS if they have no photos of you doing so

If you did admit leaving site..do nothing. Deal with any court claim and inform the parking firm if you move 

Thanks for taking the time to reply 😊

I didn’t refer to the driver at all, so effectively didn’t deny it in the appeal directly , I just said there is no evidence of the driver leaving site (so effectively a denial).

They have sent me pictures of the parked car and signage only, with a statement that a “male wearing shorts, purple jacket” etc saw observed leaving site. No photos or video of that though.

thats great
then log the appeal with the IAS
"the driver did not leave site and this assertion to the driver leaving site is denied in full.  UKCPS have not evidence of the driver leaving and is unable to prove their case"
Use that wording nothing more nothing less
They will then withdraw within a week to 10 days

deanowolves123

Awesome - thank you, I’ll send that off later and let you know how I get on, really appreciate the help!

I’m assuming the fact they have not provided photos or videos is that they don’t have any!? 

ChirpyChicken

Bang on.!!

deanowolves123

Ok, done this morning, as I say I’m a worrier so I’m now sitting in hope, a lot of the wording seems to lead you to think you’re a criminal and that’s you’re going to be dragged through court. What’s the worst that can happen?

ChirpyChicken

There is no worst with this one
It will get cancelled/won on appeal
If i am wrong and it doesn't get cancelled i will give £50 to the charity of your choice .  If am right feel free to i will of course give you my own banks for a similar donation lol   

James_Poisson

It's just a bunch of scammers that have started a lucrative business making up ways to send charges to motorists for any old excuse they dream up, why would you worry?

The leaving site scam is an add on they use to get the maximum gain from a car park.

It's all a try on hoping they get a victim that gives in, if their halfwitted employee actually took photos of someone leaving site, you could argue that if they were managing the site he would have politely stopped you as that is his job. Not watch you and send an invoice a week later.

In any case who was "a male", what is the definition of "the site" is there a defined boundary, is there a fence, is there a map, it's all rubbish!

But of course they don't take photos, and that description could be anyone, their attendant was probably hiding in a van, and some have been known to hide in a bush, they also claim they check everyone in the building and in the toilets (if someone asked me for my VRN in the gents I'd be inclined to turn round and p**s on him).

I am convinced that what ever the COP says these dimwits are (like UKPC) on a bonus.

There has only been one case like this that went all the way to court that we know of and the judge threatened the legal representative with a stay at her majesties pleasure and to come back with a toothbrush.

ChirpyChicken

James_Poisson said:

It's just a bunch of scammers that have started a lucrative business making up ways to send charges to motorists for any old excuse they dream up, why would you worry?

The leaving site scam is an add on they use to get the maximum gain from a car park.

It's all a try on hoping they get a victim that gives in, if their halfwitted employee actually took photos of someone leaving site, you could argue that if they were managing the site he would have politely stopped you as that is his job. Not watch you and send an invoice a week later.

In any case who was "a male", what is the definition of "the site" is there a defined boundary, is there a fence, is there a map, it's all rubbish!

But of course they don't take photos, and that description could be anyone, their attendant was probably hiding in a van, and some have been known to hide in a bush, they also claim they check everyone in the building and in the toilets (if someone asked me for my VRN in the gents I'd be inclined to turn round and p**s on him).

I am convinced that what ever the COP says these dimwits are (like UKPC) on a bonus.

There has only been one case like this that went all the way to court that we know of and the judge threatened the legal representative with a stay at her majesties pleasure and to come back with a toothbrush.

some operators use CCTV , if they did it would be visible The stills) when you appeal , however the sites that dont litterally take photos of the car and signage

The_Slithy_Tove

ChirpyChicken said:

some operators use CCTV , if they did it would be visible The stills) when you appeal , however the sites that dont litterally take photos of the car and signage

If any operator uses CCTV for such a purpose, bet you a penny to the pound that such intrusive use is not registered with the ICO for their CCTV, or mentioned on the signage.