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1st Appeal refused, now to POPLA
theatretony
post Wed, 24 Oct 2018 - 10:21
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I have done the 1st letter and got the refusal as expected. So now going to POPLA. I want to check a couple of things first.

Below is the picture of the sign they said the driver missed and you can only see this sign after driving back out as that road is a dead end and if the driver walked away from that sign there is no way they would see it. The car in question is not in the picture and was parked further down. The sign also appears to be too high to read at eye level and you would have to physically look around to even see it.


There was no observation time either, so it the driver went to read the sign, they may have got the penalty during that time as the pictures taken all state the same time.

Are these good enough reason to fight this at POPLA?

On ANOTHER note, the ticket was from one parking company on behalf of another and they obtained my details via DVLA - do they have the right to do this?
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post Wed, 24 Oct 2018 - 10:21
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ManxRed
post Wed, 24 Oct 2018 - 10:25
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QUOTE (theatretony @ Wed, 24 Oct 2018 - 11:21) *
On ANOTHER note, the ticket was from one parking company on behalf of another and they obtained my details via DVLA - do they have the right to do this?


Which two companies?

They must BOTH be members of a recognised ATA.


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theatretony
post Wed, 24 Oct 2018 - 10:29
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Letter from PCS on behalf of JD Parking Consultants

Another pics here shows where the sign is (black arrow) and the car was parked in the area in yellow at the bottom.
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ManxRed
post Wed, 24 Oct 2018 - 10:37
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There are two possible PCS's, Parking Control Solutions Ltd and PCS Facilities Ltd.

You need to be specific. JD Parking Consultants are members.


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theatretony
post Wed, 24 Oct 2018 - 10:39
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It says Parking Collection Services on the letter
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nosferatu1001
post Wed, 24 Oct 2018 - 11:37
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Give the FULL company name including company reg number. It MUST be on the PCN otherwise they are committing an offence.
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theatretony
post Wed, 24 Oct 2018 - 12:06
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Everything on the letter states Parking Collection Services and they are a member of the BPA. Co reg no:
6774150

Although looking at the VERY small print it states Parking Collection Services is a trading name of Debt Recovery Plus Ltd

This post has been edited by theatretony: Wed, 24 Oct 2018 - 12:09
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Redivi
post Wed, 24 Oct 2018 - 16:57
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Parking companies are allowed to sub-contract their appeals process
Usually to a debt collector

Parking Collection Services is the trading name that DRP uses for this part of the business
After rejecting the appeals, they add £60 and use their own name to demand the payments
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theatretony
post Thu, 25 Oct 2018 - 08:26
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Crafty way of doing business....

So looking at the pics posted, do you think they are a good defence for the POPLA appeal. There was no way the driver could have seen the sign if they were heading away from that area.
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Redivi
post Thu, 25 Oct 2018 - 10:06
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You have to spoon-feed POPLA and tell them that the sign(s) were in breach of the BPA Code of Practice

You must tell them in particular that there is no sign at the entrance to the parking area
This is a specific requirement

You also want JDPC to prove that they have a contract for the site that includes the right to take legal action
IIRC the company does have form for enforcing parking outside their contracted area
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theatretony
post Thu, 25 Oct 2018 - 12:40
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I have just noticed something that may be relevant - the location on the notice is Cookridge Street, but the car was parked on Vernon Street, link to location:
https://goo.gl/maps/roojmxnjNf22
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nosferatu1001
post Thu, 25 Oct 2018 - 13:56
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Meaning the KEEPER cannot be held liable, as a requirement of POFA 2012 schedule 4 is that the RELEVANT LAND is specified. If the car was not at the location specified, they have not specified the relevant land.
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theatretony
post Mon, 19 Nov 2018 - 11:37
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UPDATE:

Sent the POPLA appeal on Friday afternoon, and received a reply this morning saying they are not contesting the appeal and I do not have to pay the parking charge - RESULT !!

Thanks nosferatu1001, i went at them with this (and other things)
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nosferatu1001
post Mon, 19 Nov 2018 - 13:12
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Good result!
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