POPLA Stage and need advise please

i then sent an appeal on day 26 which was the 3/3/2017 wiith,

Dear PTL

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers. There is no blue badge bay signages and the bay markings are not clear and do not conform to highway standards. Pictures were taken to prove and an additional picture of a correctly marked and signed blue badge bay also in Ashford.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you obtain the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,

I then received a dead end email on 9/5/2017 that I could not reply to as it's come from a no reply email saying that I was out of the 28 days which is rubbish as I done the appeal at 8:30 on 3/5/2017 and received a confirmation email also.
The details were completely wrong from my pcn
Pcn number is correct
My registration is correct
The date of issue is incorrect, it's printed on the pcn 7/4/2017



09/05/2017

Dear Sir/Madam, PCN Ref: SAME AS PCN Registration: SAME AS PCN


Thank you for your letter of appeal against the Parking Charge Notice issued under Schedule 4 of the Protection of Freedoms Act 2012.

As clearly stated on the reverse of the Parking Charge Notice issued, on the Appeals section, you have 28 days from the date of issue to appeal the PCN, either online or by post.

The appeal you have sent in is outside the time given as the PCN was issued on 20/03/2017 and the appeal you submitted was on 05/05/2017 therefore outside the time limit given. Therefore, your right to appeal now has expired and cannot be considered.

After 28 days without notice from driver the case is passed to Debt Recovery Company, we assume that you have received notification from them recently. At that stage the PCN has risen and you will need to correspond directly with them to resolve.

The responsibility to observe and obey parking restrictions is yours and as we operated correctly in this instance.

You may also proceed with the payment via on-line on our website .payptl.co.uk you can
view the photographic evidence also which clearly shows the PCN attached to the vehicles windscreen.



Yours sincerely,


Appeals Dept.

BPA replied on the 15/5/2017 saying they have contacted the operator requesting further info and will be in touch which they have not yet so far.

i also contacted PTL again on the 13/5/2017 and stated they have replied to my appeal with incorrect details they replied on the 15th also with,

Thank you for your email.

We had look in to it and can confirm that wrong letter was sent to you. We do apologize for any inconvenience.

We would advise you that your appeal has been reopened and resent to appeals department. You will receive their reply within 5 working days.

Please note if you have received any letter from debt recovery company recently please ignore it as we have just advised them to reopen your appeal.

Kind Regards

Parking Ticketing Ltd.

We did receive a dept recovery letter from PCS demanding £120 which came through the door on the 15th also

I then received the response from the appeal with,

Dear Sir/Madam PCN Ref: ********** Registration: *******
POPLA Code: *********


Thank you for your letter of appeal against the Parking Charge Notice issued under the terms of Schedule 4 of the Protection of Freedoms Act 2012.

There are Warning Signs situated on the site that state; Warning, Private Property, vehicles parked in disabled bays must clearly display a valid blue badge in the windscreen. Failure to comply will result in the vehicle being issued with a Parking Charge Notice without any notice given. Having carefully considered the evidence provided by you and the Warden we have decided to reject your appeal for the reason below.

As the vehicle was parked in disabled bay without a valid blue badge in the windscreen, (having checked photographs of when the vehicle was issued with the PCN), you can view the photographic evidence yourself online at ( payptl.co.uk ) as clearly stated on the warning signs, the vehicle was issued with a Parking Charge Notice.

We have considered your reason for appeal but unfortunately the operative has to see clearly a blue badge in the windscreen when inspecting. This may include a location number, vehicle registration number, expiry date, security features.

We are sorry but we won’t be accepting your appeal on this occasion as the warden acted accordingly to the signage at the location.

We are not able to take into account mitigating circumstances. That an appellant feels he or she had good reason for breaching the terms of parking is not a reason for which we can allow an appeal. When parking on private land, a motorist freely enters into an agreement to abide by the conditions of parking in return for permission to park. It is the motorist’s responsibility to ensure that he or she abides by any clearly displayed conditions of parking that are clearly displayed on the signs.

Supreme Court of the United Kingdom – Landmark court decision
On the 4th November 2015 a landmark judgement was handed down in favour of a parking operator who took a motorist to court for non-payment of a parking charge.


Further details on the case can be found here - supremecourt.uk/cases/docs/uksc-2013-0280-judgment.pdf. This case was seen as an important “test case” due to the complex legal arguments used by both sides. Therefore falls outside “The Unfair Terms in Consumer Contracts Regulations 1999” and also falls outside Genuine Pre-Estimate of Loss.

The responsibility to observe and obey parking restrictions is yours and as we operated correctly in this instance due to the vehicle being incorrectly parked we will not be accepting your appeal, on this occasion.

You have now reached the end of our internal appeals procedure.

Due to above you appeal is refused, you now have the following options:

1 Pay the PCN at £100within 14 days of above date. Please note that after this time if you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures which will lead to costs being added to £150 and we may proceed with Court action against you. Please visit ptlappeals.co.uk/county-court to view County Court Judgments where we have been successful in obtaining judgment for non-payment of the PCN costing the defendant at least 3 times the original amount of the original £60 PCN. We do not enter into multiple appeals.
2
Make an appeal to POPLA-Independent Appeals Service within 28 days by visiting popla.co.uk and completing the appeal form online quoting POPLA appeal reference **********. If you prefer to complete your appeal in writing please contact Parking Ticketing Ltd on 0845 689 45 45 to request the POPLA appeal forms.

3 Please be advised that if you opt for independent arbitration of your case, the full charge of £100.00 will be payable should your appeal be unsuccessful. If you opt to pay the parking charge you will be unable to appeal to POPLA. Please visit ptlappeals.co.uk/refused-appeals to view other motorists appeals to POPLA against ourselves, that were refused for various appeal reasons and the PCN was at the original full cost of £100.






Yours sincerely


Appeals Dept.

when will i be able to post links for images?

you can see them here -> forums.pepipoo.com/index.php?showtopic=112937&st=40