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Is a UKCPM appeal pointless?
I received a PCN from UK Car Park Management and was wondering if it’s worth appealing even if the driver just forgot to pay on the day?
I previously successfully appealed a PCN from APCOA on the grounds of the NTK being non POFA compliant but I think the one I’ve just received is.
The PCN has the car entering and exiting the car park using time stamped ANPR but there is no picture of the car actually parked and the car park has several different sections serving several different places.
Assuming the appeal is rejected and ends up in court, is there even a defence?
Comments
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It may be a waste of time appealing, unless you have a definite legal point to make ?
Everybody has a defence, based on the template defence by coupon mad in announcements at the top of the forum, regardless of circumstances
2 -
Not pofa compliant.
9(2)(d): The £100 is not stated as unpaid "as at" any specified time, let alone one no later than the end of 31 Aug.
9(2)(e): The notice never states that the creditor does not know both the name of the driver and a current address for service.
9(2)(f): The keeper warning omits "(if all the applicable conditions under this Schedule are met)" and so asserts an unconditional right to recover.
9(2)(h): The notice says only that the land is "managed by" UK Car Park Management Limited and never identifies the creditor.
I'm a random person on the internet. I hold no legal qualifications and nothing I say is advice.
3 -
Thanks to MrJenkinsEsq I'm going to make the point that it's non POFA compliant and use the wording from the first appeal section in the newbie thread to start with and then follow the template defence you mentioned if it comes down to that.
Thank you for your reply
1 -
Thank you so much for taking the time to go through my PCN and point all that out, I really appreciate it!
1 -
Dont think of these as "appeals" this is just something invented by the parking industry to imitate real world pakring tickets from genuine authroities - pakring companies are not authorities by any stretch of the imagination.
If anything a reply to a PPC is a rejection - you are not appealing as there is nothing to appeal instead you are rejecting their claim that you owe them money, or you are disputing in its entirity, their claim that you owe them £xxx.xx
From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"4 -
Thanks all, I've sent the appeal/rejection and will update when I have a response from them in case it's helpful for the next person who gets a similar PCN from this company
1 -
But it won't actually work at appeal stage, unless the kangaroo court of the IAS breaks the habit of a lifetime and actually includes you in the 4% of adjudicated cases which go in favour of the consumer.
You'll never pay this but in our loooong experience, appeals to IPC firms are a bent farce. No panicking or paying at any stage.
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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