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UKPC - PCN - Vehicle/Owner Left Site for 6 Minutes! Newport Isle of Wight
Jason.rangou
Posts: 131 Forumite
Hi again
I am writing thi thread on behalf of a friend of mine.
My friend entered a car park in Newport Isle of Wight on Wednesday 5th June at 09:23. My friend wanted to go to KFC but it was shut on arrival.
There was no toilet on site as the Cinema was closed therefore, my friend left the site in order to look for one as they have prostrate issues and needed one asap.
When my friend came back from the toilet he had a PCN waiting for him timed at 09:29.
When my friend told me about the PCN they said they were just going to pay it however, I said I would enquire here to see if you guys can help, like you did with the one that I came accross a couple of years ago.
I have searched the forums and looked at UKPC threads intently, I am well versed with Parking Eye (thanks to coupon mad) but it appears that these criminals act a little differently, hiding and lying in wait!
In my search of the threads I have come across the following letter, is this acceptable to use ?
Re PCN number:
I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.
There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:
- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.
-the allegation was that the “vehicle owner /driver left the site” – please provide actual photo evidence of this. **
-signage at the site states “ If you leave the site whilst this vehicle remains in the car park you maybe liable to receive a parking charge” - please provide evidence of the site boundary as this is subjective. **
- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.
- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.
Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.
Yours faithfully,
Thanks for all you help in advance
I am writing thi thread on behalf of a friend of mine.
My friend entered a car park in Newport Isle of Wight on Wednesday 5th June at 09:23. My friend wanted to go to KFC but it was shut on arrival.
There was no toilet on site as the Cinema was closed therefore, my friend left the site in order to look for one as they have prostrate issues and needed one asap.
When my friend came back from the toilet he had a PCN waiting for him timed at 09:29.
When my friend told me about the PCN they said they were just going to pay it however, I said I would enquire here to see if you guys can help, like you did with the one that I came accross a couple of years ago.
I have searched the forums and looked at UKPC threads intently, I am well versed with Parking Eye (thanks to coupon mad) but it appears that these criminals act a little differently, hiding and lying in wait!
In my search of the threads I have come across the following letter, is this acceptable to use ?
Re PCN number:
I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.
There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:
- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.
-the allegation was that the “vehicle owner /driver left the site” – please provide actual photo evidence of this. **
-signage at the site states “ If you leave the site whilst this vehicle remains in the car park you maybe liable to receive a parking charge” - please provide evidence of the site boundary as this is subjective. **
- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.
- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.
Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.
Yours faithfully,
Thanks for all you help in advance
0
Comments
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That's the only appeal letter in the NEWBIES FAQ sticky, so yes, use that.
It may have to get to POPLA to kill this off, where by pressing the 'proof of leaving the site' and 'site demarcation lines' buttons, UKPC often capitulate.
Using keywords UKPC leaving site POPLA you will see other POPLA appeals for this relatively recent wheeze, where PPCs have discovered that naive people supinely reach for their cheque books to provide further enrichment for them.
HOW TO USE THE FORUM SEARCH FUNCTION:
Hit your 'Back' button to get back to the forum thread list. On the bar just above the threads you'll see the 'Search' function. Click on the 'Advanced Search' button and on the following page place your keyword(s) in the 'Search By Keyword(s)' and make sure the 'Show Results As' button (at the foot of the window) is changed from 'Threads' to 'Posts'.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
That's the only appeal letter in the NEWBIES FAQ sticky, so yes, use that.
It may have to get to POPLA to kill this off, where by pressing the 'proof of leaving the site' and 'site demarcation lines' buttons, UKPC often capitulate
Thanks for the reply Umkomaas - Should I put in the part about the toilet or do you think it will just give them a laugh, before they send the POPLA reference?0 -
Jason.rangou wrote: »Thanks for the reply Umkomaas - Should I put in the part about the toilet or do you think it will just give them a laugh, before they send the POPLA reference?
The PPC is not interested in any reason (good or otherwise), all they want is your money.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
-
I have searched the forums and looked at UKPC threads intently, I am well versed with Parking Eye (thanks to coupon mad) but it appears that these criminals act a little differently, hiding and lying in wait!
In my search of the threads I have come across the following letter, is this acceptable to use ?
i.e. not now! DAY 26. The NEWBIES thread explains why, and saves us repeating it.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
This discussion has been closed.
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