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Defence Systems (Park Watch) PCN

Hi all,
I have received a PCN from Park Watch for 'Entered a No access area' at the One Stop shopping Centre in Birmingham. I have appealed using a template from the Newbies section and have now received a rejection notice and a POPLA code.


I have checked the newbies section and it mostly covers parking issues and although Park Watch are quoting 'parking charges' this clearly isn't a parking offense as I never parked. I cannot find much information pertinent to issues other than parking offences. I also believe the DVLA should not have disclosed my details as it isn't a parking offence.


Any advise on how to appeal with POPLA would be appreciated in this instance.


Many thanks.
«13

Comments

  • Fruitcake
    Fruitcake Posts: 58,154
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    edited 19 July 2018 at 9:53AM
    Use all the template points available to you from post 3 of the NEWBIES. Get pics of the entrance and signage to back up these points.

    Add that since the vehicle did not stop, there was no parking event and the scammers had no right to get keeper details from the DVLA.

    Complain to the BPA and DVLA about the latter. Also make an ICO complaint that your data has been obtained without reason.

    Also complain to your MP about this unregulated scam.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Coupon-mad
    Coupon-mad Posts: 130,624
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    Search for ParkWatch POPLA and read a dozen or so, and crib from them.
    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 THREAD
  • Johno100
    Johno100 Posts: 5,259
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    I know the area well. As has already been said this is not a parking event so the parking company has no right to obtain your details from the DVLA.

    There is also some confusion the status of that bus exchange. I've personally seen proper council wardens ticketing individuals by the Wetherspoons pub (The Arthur Robinson) formerly Argos.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
  • Advent123
    Advent123 Posts: 6 Forumite
    edited 19 July 2018 at 10:30AM
    Can someone please advise if my appeal should be the usual....signage.....land ownership etc or could I just base it on the fact that the driver never stopped and didn't park. POFA is only concerned with parking?


    The original letter is below:
    [IMG]hxxp://i64.tinypic.com/2njaeqs.jpg[/IMG]


    Is this the NTK?
  • Fruitcake
    Fruitcake Posts: 58,154
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    edited 19 July 2018 at 9:53AM
    Advent123 wrote: »
    Can someone please advise if my appeal should be the usual....signage.....land ownership etc or could I just base it on the fact that THE DRIVER never stopped and didn't park. POFA is only concerned with parking?


    The original letter is below:
    [IMG]hxxp://i64.tinypic.com/2njaeqs.jpg[/IMG]


    Is this the NTK?

    Already answered in post 2 of this thread.

    http://i64.tinypic.com/2njaeqs.jpg

    Yes it's the NTK, and very helpfully shows the vehicle was moving and therefore proves this was a non-parking event. Complain as I already advised you as well as making your PoPLA appeal as already advised.
    The wording on that NTK is non-POFA compliant as well.

    Edit your post above first to remove information about who was driving.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Umkomaas
    Umkomaas Posts: 41,256
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    Have you got your own photos of the signage?

    If the detail can't be read from a moving vehicle then how can it form a contract with the driver?

    Where is the signage in relation to where the vehicle is photographed?

    This can't be much else than a penalty masquerading as a contractual charge. At best this is a case of trespass, which only the landowner can further.

    All points for melding into your POPLA appeal.
    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 Street
  • Hi all, my POPLA appeal is below.


    Any comments much appreciated.


    Many thanks.


    [IMG]hxxp://i68.tinypic.com/muv4ti.jpg[/IMG]
  • Fruitcake
    Fruitcake Posts: 58,154
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    Advent123 wrote: »
    Hi all, my POPLA appeal is below.


    Any comments much appreciated.


    Many thanks.


    [IMG]hxxp://i68.tinypic.com/muv4ti.jpg[/IMG]

    http://i68.tinypic.com/muv4ti.jpg

    That's too pale and blurred for me to read.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Hope this works...
    [IMG]hxxps://drive.google.com/file/d/1SbRWg0yNonrnF9fdcxxu0T7uTO3XnrQ6/view?usp=sharing[/IMG]
This discussion has been closed.
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