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PCN Park Watch Antelope Park Southampton

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  • KeithP
    KeithP Posts: 37,655 Forumite
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    edited 10 August 2018 at 3:59PM
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    betman wrote: »
    [FONT=Calibri, serif]PW have evaded answering points 2/5/6/7b (crossed out) 8. Ref my appeal letter to them[/font]
    Is that all you said in your rebuttal about point 5?

    If so, I think you let yourself down here.

    You should've forcefully pointed out to PoPLA that the operator had not disputed your statement that the NtK was late.
  • betman
    betman Posts: 171 Forumite
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    edited 10 August 2018 at 5:53PM
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    KeithP wrote: »
    Is that all you said in your rebuttal about point 5?

    If so, I think you let yourself down here.

    You should've forcefully pointed out to PoPLA that the operator had not disputed your statement that the NtK was late.


    Hi Keith,


    Easy to say that but there were a lot of points to forcably point out. Not easy when the corrupt system is loaded against you when you can only use 2000 characters. Forceably or not the law is the law and I don't see why when reading this and I doubt if it was all read due to the way an operator can put out of date pictures it be pointed out to Popla and they ignore this that as it has been clearly stated on more than once throughout this appeal and previous written appeal to the operator that the assessor would supposedly have read would have sunk in . But believe me I can be very forceful in a controlled manner in a court room. What would be your next line of action Keith?
  • KeithP
    KeithP Posts: 37,655 Forumite
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    betman wrote: »
    What would be your next line of action Keith?
    Ignore all debt collector's letters and if/when you get either a Letter of Claim or official court correspondence then post again on this thread if you need further assistance.
  • betman
    betman Posts: 171 Forumite
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    edited 10 August 2018 at 6:06PM
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    KeithP wrote: »
    Ignore all debt collector's letters and if/when you get either a Letter of Claim or official court correspondence then post again on this thread if you need further assistance.


    What about writing to John Gallagher asking why previous appeals have been successful when not meeting the time period and why this assessor did not adopt the same law. Surely it is a procedural error as it has not been addressed of which I could also query. Plus I could when receiving the next correspondance from the operator ask why they are not adhering to this point of law.
  • KeithP
    KeithP Posts: 37,655 Forumite
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    edited 10 August 2018 at 8:04PM
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    betman wrote: »
    What about writing to John Gallagher asking why previous appeals have been successful when not meeting the time period and why this assessor did not adopt the same law. Surely it is a procedural error as it has not been addressed of which I could also query.
    You could try that - with Steve Clark rather than John Gallagher.

    Steve's email address is in post #5 of the NEWBIES thread.

    betman wrote: »
    Plus I could when receiving the next correspondance from the operator ask why they are not adhering to this point of law.
    But the PPC only has to send the NtK within six months of the parking event.
  • betman
    betman Posts: 171 Forumite
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    Update.


    POPLA Update.


    POPLA shifting the blame now to Post Office. Surely for such an important document the operator should have correspondance of this nature signed for as it is my word against theirs. Ah but that would put there operating costs up wouldn't it.



    [FONT=&quot]Your complaint about POPLA[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]Thank you for your email dated 25 August 2018, which was passed to me by the POPLA team as I am responsible for responding to complaints.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]I have reviewed the assessor’s decision and I am satisfied that the outcome reached is correct. [/FONT]
    [FONT=&quot]I note that you state that the Notice to Keeper was not compliant with the Protection of Freedoms Act (PoFA) 2012. You state that the document was not received within the 14 day timeframe as stated under paragraph 9, as it was received 17 days after the alleged incident. [/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]Whilst I appreciate your comments, POPLA is an evidenced based service and can only assess the factual evidence presented to us. In this case, the operator provided POPLA with evidence of the Notice to Keeper, this shows the date of the incident being the 18 May 2018 and the date that the notice was issued was 24 May 2018. Therefore, this was served six days after the date of the event. [/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]I note that you dispute this however, this will be a third party dispute between yourself and the operator. POPLA cannot comment on the postal service and why you did not receive this. [/FONT]
    [FONT=&quot]From the evidence we received, the assessor was satisfied that the Notice to Keeper was served within the timeframe given and therefore, the operator has met all requirements of PoFA 2012. [/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]I consider the assessor to have taken into consideration all of the grounds which you raised to POPLA and has responded to those in her report. [/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]Following my investigation of your complaint, I do not consider that there have been shortfalls in our service and I am satisfied that we dealt with your case in line with our processes and procedures.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]To clarify, POPLA has reached a decision and this decision will not change. [/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]In closing, I am sorry that your experience of using our service has not been positive. While I understand this is not the outcome you had hoped for, our involvement in your appeal has now concluded. We have reached the end of our process and my response now concludes our complaints procedure. [/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]Yours sincerely, [/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]Ashlea Forshaw[/FONT]
  • Coupon-mad
    Coupon-mad Posts: 131,777 Forumite
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    POPLA are correct, there was and is no evidence that the NTK arrived late.

    Sorry, that was a waste of time with a NTK dated a week after a parking event.

    Never mind. Come back if they sue, we will help you defend. 99% of posters report wins.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • betman
    betman Posts: 171 Forumite
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    Thanks CM. There were other issues as the operator submitted images that were not current and mislead Popla with in inaccuracies such as a sign they showed being on it's own, now with other signs. The whole system is weighed to the operator. I am due debt letters next which will be ignored .Thanks for your offer of help if they Sue. BM
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