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PCN for Hillingdon Tube Station
Comments
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So next step is to formulate a strategy. Sadly there is no "no keeper liability" get out as the PCN is titled as "ANPR Postal Notice to Keeper".
Why not simply copy any other NCP POPLA appeal about a postal ticket? Search the forum.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 -
mcbearington wrote: »Yes, I have a POPLA code.
Interesting.
Can you post a redacted version of their original NtK? (Apologies if I've missed it.)
We need to know whether they are alleging a breach of contract, a breach of byelaws, or a mishmash. The fact they've issued a POPLA code would imply it's not a byelaws issue.0 -
financerulez wrote: »Interesting.
Can you post a redacted version of their original NtK? (Apologies if I've missed it.)
We need to know whether they are alleging a breach of contract, a breach of byelaws, or a mishmash. The fact they've issued a POPLA code would imply it's not a byelaws issue.
Indeed it's not entirely clear what they are claiming this ticket is if they are offering a POPLA code. If they are claiming byelaws this could be interesting.0 -
NCP never claim byelaws, so it's a straightforward POPLA appeal copied from another ANPR one.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 is the original. alleged breach of car park terms and conditions of use.0
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They seem to have got the wording wrong here:
It doesn't make sense.
It simply isn't what POFA says it must state.0 -
Thanks Keith. I think that therefore relates to the template I copied in for section 2 of my appeal draft below.0
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They seem to have got the wording wrong here:
It doesn't make sense.
It simply isn't what POFA says it must state.
Added to which, it's a completely false representation because they have no right to take recovery action against the keeper on land subject to the TfL Railway Byelaws 2011. They should be prosecuted for offences under the Fraud Act 2006 and the Protection from Unfair Trading Regs 2008. Please complain to Trading Standards.
Also, have a look at post 18 on this thread http://forums.moneysavingexpert.com/showthread.php?p=73892395. The POPLA assessor seemed to think that if the PCN is not issued under Byelaws, the land becomes relevant land under POFA. So your appeal needs to spell it out: land subject to Byelaws is not relevant land, end of story, and NCP's method of enforcement makes no difference to that.0 -
Handbags-at-dawn wrote: »Added to which, it's a completely false representation because they have no right to take recovery action against the keeper on land subject to the TfL Railway Byelaws 2011. They should be prosecuted for offences under the Fraud Act 2006 and the Protection from Unfair Trading Regs 2008. Please complain to Trading Standards.
This is a major point.
Find out if the land is subject to byelaws. If it is - mention that in your paragraph about POFA - that Reg Keeper liability can't apply as it's not relevant land.
As soon as POPLA hear anything about byelaws they'll ditch it I imagine.0 -
This FOIR confirms all TfL tube station car parks are subject to the Byelaws (see at bottom of letter, 3rd para from the end):
https://www.whatdotheyknow.com/request/tube_station_car_parks#incoming-1011604
Unfortunately the list of car parks in the website linked to the request seems to have been removed. However, you can see Hillingdon in NCP's list of London Underground station car parks here:
https://www.ncp.co.uk/parking-solutions/london-underground-car-parks/0
This discussion has been closed.
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