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  • FIRST POST
    • mwalimu
    • By mwalimu 31st Oct 18, 1:36 PM
    • 46Posts
    • 19Thanks
    mwalimu
    Leaving Car Park
    • #1
    • 31st Oct 18, 1:36 PM
    Leaving Car Park 31st Oct 18 at 1:36 PM
    On the morning of 17 October 2018 a car was
    parked in a retail park. The terms there state no parking outside shop opening hours and no parking & leaving.
    No PCN was placed on the car. A PCN letter was sent. There are two photos one close up of car windscreen and one showing a car in its bay. There is nobody in the car. In the background the car park is almost empty.
    Incident date October Issue date: October.


    The PCN letter was sent by normal post and could have been delivered around 23
    /24 October while I was away. I returned home mon 30 October to find the PCN in the heap of post.
    Your standard advice is not to ignore a PCN but as there was no PCN on the car and,

    presumably, no proof of delivery could one
    chuck the PCN in the recycling bin? With
    valuable parcels and significant documents
    one uses Recorded Delivery, or similar, with a signature to prove delivery. As they can not
    prove delivery would one be able in this
    instance to ignore a PCN?








    If you recommend responding to the PCN would it be a legitimate reason to decline to pay by telling them that they have submitted to me no photographic evidence of the occupant/s crossing the site boundary?
    I note that I must pay up 60 "within 14 days of issue" ie 2 November 2018 or have to dig very deep to find 100.
    Sorry to be so late with my search for advice but I have had difficulty in joining this forum. In view of the extremely short "window" your speedy help will be greatly appreciated.
    Last edited by mwalimu; 01-11-2018 at 2:28 AM. Reason: Advice from members
Page 5
    • mwalimu
    • By mwalimu 13th Jan 19, 3:25 PM
    • 46 Posts
    • 19 Thanks
    mwalimu
    Thanks Keith P
    Have followed your suggestion
    • mwalimu
    • By mwalimu 14th Jan 19, 3:06 PM
    • 46 Posts
    • 19 Thanks
    mwalimu
    Am I paranoid? Jueac appears only on this thread.
    Emailed POPLA as suggested. No response, or even auto-acknowledgement. It might be prudent therefore to submit a “rebuttal” before the original deadline. Your comments on the material in the lower part of my lengthy contribution on page four will be valued.
    • Umkomaas
    • By Umkomaas 14th Jan 19, 4:12 PM
    • 21,321 Posts
    • 33,565 Thanks
    Umkomaas
    Am I paranoid? Jueac appears only on this thread.
    Originally posted by mwalimu
    I think you are. He made one input at 3:40pm on 12/01/19, was on MSE forum at 6:02pm on the same day, and hasn't been back ever since. He was also posting about a quite different parking company and quite different circumstances. Some people post once, then we never see them again. Forget about it.
    Jueac
    Jueac is offline
    Send Message User Lists
    Last Activity: 12-01-2019 6:02 PM
    Emailed POPLA as suggested. No response,
    Phone them.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • mwalimu
    • By mwalimu 14th Jan 19, 5:25 PM
    • 46 Posts
    • 19 Thanks
    mwalimu
    Umkomas
    Thanks. Just spoken to M..... at POPLA who says no extension of date for submission of appeal. Extension given only when their failure prevents one reading the document from the parking company.
    Guys/esses
    As the deadline is in TWO days I will greatly appreciate your comments on the material concerning my case towards the end of my lengthy missive on page four of this thread.
    • Redx
    • By Redx 14th Jan 19, 5:29 PM
    • 21,028 Posts
    • 26,422 Thanks
    Redx
    all I see is a load of rambling on page 4

    post your proposed popla rebuttal draft of 2000 characters or less, based on other pople rebuttals that have been made, which address their evidence pack, looking for and rebutting any issues with contracts , signage , POFA2012 etc

    like this example https://forums.moneysavingexpert.com/showthread.php?t=5893321


    and https://forums.moneysavingexpert.com/showthread.php?p=74772098


    we may review your rebuttal , but I for one wont be spending hours studying somebodys "case"
    Last edited by Redx; 14-01-2019 at 5:35 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • mwalimu
    • By mwalimu 14th Jan 19, 7:40 PM
    • 46 Posts
    • 19 Thanks
    mwalimu
    Redx
    Thank you for your response. I'll try to draft a brief rebuttal & submit for consideration taking note of examples & earlier advice on this site.
    • Coupon-mad
    • By Coupon-mad 15th Jan 19, 6:14 PM
    • 65,628 Posts
    • 78,173 Thanks
    Coupon-mad
    You suggest emailing POPLA. How?
    Could have replied to the email they sent you with the portal password...! It always amazes me when people who have all had the standard POPLA acknowledgement/portal password email, ask how to email POPLA.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • mwalimu
    • By mwalimu 15th Jan 19, 6:34 PM
    • 46 Posts
    • 19 Thanks
    mwalimu
    Apologies for delay in responding to your advice. Day spent dealing with recalcitrant builder .Contract measured in K. Priorities.;-)
    Another shot at POPLA appeal, window closing 16 Jan 19

    Heading
    POPLA number & PCN number
    Text
    I am the keeper of Reg No. and am appealing the Parking Charge Notification from XYZ
    Parking & Leaving
    1 The only evidence is an uncorroborated Witness Statement from operative zxc,. Photographs of the occupant/driver in the car , leaving it & leaving the site were requested but were not supplied.
    2. The boundaries of the site are not defined on signage. The entrance sign merely defines one part of the site. At the three paved exits for pedestrians leading to the town centre there are no signs.
    3.The operative did not take any steps to advise or warn the driver ' This is a duty under contract (VCS v Ibbotson case number 1SE09849 15-5-12
    4. Item 2 of Appendix 2 of the Management Contract states that the operator will erect signs at the entrance to and the exits from the site. See 2 above.

    As always your advice will be appreciated.
    • Coupon-mad
    • By Coupon-mad 15th Jan 19, 6:45 PM
    • 65,628 Posts
    • 78,173 Thanks
    Coupon-mad
    Hang on, isn't the poster at comments stage and limited to 2000 characters?

    I would remove this comment as POPLA don't consider this an issue:

    3.The operative did not take any steps to advise or warn the driver ' This is a duty under contract (VCS v Ibbotson case number 1SE09849 15-5-12
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • mwalimu
    • By mwalimu 15th Jan 19, 7:15 PM
    • 46 Posts
    • 19 Thanks
    mwalimu
    Coupon-mad
    Thank you for your very speedy & helpful response.
    I am indeed at comments stage. I'd guess my text is about 1000 characters.
    Point 3 was "borrowed" from one of the sample success stories about parking & leaving. Indeed the document from PP said that "for their protection" operatives did not contact subjects. So happy to delete & reduce word count by about 110 characters.
    • mwalimu
    • By mwalimu 16th Jan 19, 8:52 AM
    • 46 Posts
    • 19 Thanks
    mwalimu
    Point 2 in my draft no signs at pedestrian exits. Should I attach photo/s, at present on my iPhone, to my submission which has to be sent in today? I don’t see provision for attachments. Would submitting photo/s affect the 2000 character limit? Perhaps I could email them to POPLA (addressee?) putting a reference to that fact in my submissions.
    As always your comments greatly appreciated.
    • mwalimu
    • By mwalimu 16th Jan 19, 9:50 AM
    • 46 Posts
    • 19 Thanks
    mwalimu
    Have looked at POPLA site and found information about posting.
    • KeithP
    • By KeithP 16th Jan 19, 12:11 PM
    • 12,088 Posts
    • 12,807 Thanks
    KeithP
    You cannot submit photos when commenting on the operator's evidence.

    You can only comment on the operator's evidence, not submit new evidence.
    .
    • mwalimu
    • By mwalimu 16th Jan 19, 1:54 PM
    • 46 Posts
    • 19 Thanks
    mwalimu
    Keith P
    Around 11:30 🕦 today I spoke to N at POPLA about not seeing how to attach photos demonstrating inadequacy of signs to the comments form. I was advised to submit my comments & photos by email. My file would record my call. My suggestion is that I am disputing their statement that the boundaries of the car park are clearly marked. The photos are just in support of point 2 in my draft I will phone POPLA straight away & seek clarification .
    • mwalimu
    • By mwalimu 16th Jan 19, 2:13 PM
    • 46 Posts
    • 19 Thanks
    mwalimu
    Keith P
    Just discussed photos with S J at POPLA who confirms no facility for photos on comments form (box) but that they can be included if one sends ones comments in by email. The assessor would then decide if they are acceptable.
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