St Austell McDonald £100 PCN

DC17 · 13 June 2017 at 2:56AM

Hi everyone,

I want to thank in advanced all the time and effort done so far on this forum.

I have gone thru newbies and FAQ.

I have read numerous posts.

I think I understand What to do but would still like to have a feedback before proceeding.

What we need to know is,

Was there a windscreen ticket? No
Did the keeper receive a NTK? Yes
What was the reason for the PCN/NTK being issued? Overstayed 17 minutes longer.
Was this pay and display? No
Was ANPR used? Yes

Thank you Fruitcake. It was way to late and I guess after an overload of information I did the wrong thing. Thanks again.

Fruitcake · 13 June 2017 at 8:35AM

If I were you I would delete the whole of your post and start again.
Do it now and replace the text with, editing in progress, then repost once you have corrected all the giveaway errors you have committed.
You have given away far too much information about the times and dates and who did what. You have effectively given enough information for the scammers to identify the driver from your post.
Bad move. Parking scammers read these fora.

Only ever talk about The Driver, The Keeper, and Vehicle Occupants. What happened on the day and what people do for a living or what they do in the shop is irrelevant.

Now go and delete your text before reading anything else.

What we need to know is,

Was there a windscreen ticket?
Did the keeper receive a NTK?
What was the reason for the PCN/NTK being issued?
Was this pay and display?
Was ANPR used?

Go back and read, and then re-read the NEWBIES thread. It takes some time to begin to understand this, and your post shows you have not taken in the important information such as, do not reveal the driver's identity.

If there was a windscreen ticket, appeal using the BPA template in blue from the NEWBIES thread about day 26.

If there was no windscreen ticket, then appeal using the template straight away.

Then you need to read up on how to win with a second stage appeal to PoPLA. To do this you will need to go back to the site and get photos of the signage.

Do not pay, do not ignore, do not reveal who was driving, do not miss the appeal deadline.
Do complain to the manager and explain the driver and family and friends will all become ex customers if this isn't cancelled.

Half_way · 13 June 2017 at 8:43AM

As this is an open forum, it may be too late for the OP to correct their mistake, they may have shot them self in the foot, its an unesecery complication but it's not fatal.
By stating McDonalds can't do anything, they have been lied to.

DC17 · 13 June 2017 at 10:29AM

So should I not take care of stating who the driver was first?

DC17 · 13 June 2017 at 12:27PM

APPENDIX C
SCHEDULE 4 OF THE PROTECTION OF FREEDOMS ACT 2012
RECOVERY OF UNPAID PARKING CHARGES

2 (1) In this Schedule:

“the creditor” means a person who is for the time being
entitled to recover unpaid parking charges from the
driver of the vehicle;

The word person caught my attention.

Is Met Parking services a "person"??

Thanks

DC17 · 13 June 2017 at 1:14PM

I have decided to go with this letter for now.

Dear Appeals Department Staff,

PCN No. XXXXXXX

I am the registered keeper of the vehicle in question and I was not the driver in the above charge. And the charge should be cancelled immediately.

Should you disagree, then I require you, in accordance with BRITISH PARKING ASSOCIATION requirements, to send me a POPLA code so that I may make an appeal to the independent adjudicator on this basis as well as other reasons that may emerge from further research.

Yours faithfully,

Keeper

Any changes?

Thanks

fisherjim · 13 June 2017 at 3:20PM

DC17 wrote: »

I have decided to go with this letter for now.

Dear Appeals Department Staff,

PCN No. XXXXXXX

I am the registered keeper of the vehicle in question and I was not the driver in the above charge. And the charge should be cancelled immediately.

Should you disagree, then I require you, in accordance with BRITISH PARKING ASSOCIATION requirements, to send me a POPLA code so that I may make an appeal to the independent adjudicator on this basis as well as other reasons that may emerge from further research.

Yours faithfully,

Keeper

Any changes?

Thanks

What's wrong with following the newbies thread appeal, you haven't actually made an appeal with that!

Fruitcake · 13 June 2017 at 3:37PM

DC17 wrote: »

APPENDIX C
SCHEDULE 4 OF THE PROTECTION OF FREEDOMS ACT 2012
RECOVERY OF UNPAID PARKING CHARGES

2 (1) In this Schedule:

“the creditor” means a person who is for the time being
entitled to recover unpaid parking charges from the
driver of the vehicle;

The word person caught my attention.

Is Met Parking services a "person"??

Thanks

I think "person" is a generic legal term, the same as comments like, "the man on the Clapham omnibus."

DC17 wrote: »

I have decided to go with this letter for now.

Dear Appeals Department Staff,

PCN No. XXXXXXX

I am the registered keeper of the vehicle in question and I was not the driver in the above charge. And the charge should be cancelled immediately.

Should you disagree, then I require you, in accordance with BRITISH PARKING ASSOCIATION requirements, to send me a POPLA code so that I may make an appeal to the independent adjudicator on this basis as well as other reasons that may emerge from further research.

Yours faithfully,

Keeper

Any changes?

Thanks

As above, if it isn't broken why fix it? The BPA template in the NEWBIES thread works. You could add the comment about not being the driver if you wish. All you are after is a PoPLA code so you can beat the scammers with a second stage appeal.
Very few scammers cave in at this point, so don't expect anything other than a rejection of your initial appeal.

DC17 · 13 June 2017 at 5:22PM

Thank you for your comment.

The goal was a cancellation.

The appeal is stating "Should you obtain the registered keeper's data from the DVLA", but in fact they have already done so.
It says on the back
"FURTHER INFORMATION
The registered details have been obtained from the DVLA because we have "reasonable cause" to obtain and use this information in accordance with the Data Protection Act 1998, in order to trace the keeper of the vehicle that has not adhered to the parking terms and conditions."

But I know the goal is a POPLA code.

DC17 · 13 June 2017 at 5:25PM

OK thank you. As I did not know if it was a loophole.

About the template it's like I said above, the template has the DVLA part that has already been done.

Thank you.

Redx · 13 June 2017 at 5:27PM

DC17 wrote: »

Thank you for your comment.

The goal was a cancellation.

The appeal is stating "Should you obtain the registered keeper's data from the DVLA", but in fact they have already done so.
It says on the back
"FURTHER INFORMATION
The registered details have been obtained from the DVLA because we have "reasonable cause" to obtain and use this information in accordance with the Data Protection Act 1998, in order to trace the keeper of the vehicle that has not adhered to the parking terms and conditions."

But I know the goal is a POPLA code.

so its easy enough to alter it slightly in this case if you or others wish it to be grammatically correct

so you would make the following alteration

"Should you have obtained the registered keeper's data from the DVLA"

the goal is always a cancellation (preferable) or a popla code

but the chances are they dont read it or dont care about it not being grammaticallly correct , its not english homework after all

the goal of the wording above is in order to warn them that you may issue an MCOL for a DPA breach later down the line , should they have broken the DPA by not being correct in initially obtaining your data

St Austell McDonald £100 PCN

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