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ParkWatch PCN- No permit, ParkWatch PCN- No permit dale end birmingham b4 7ln
brazilreal
post Fri, 24 May 2019 - 23:17
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Hi All,

Asking for a friend.

Stopped at a car park for about 8 minutes, on bank holiday 22 April.

turns out it was a 'permit holder only' car park.

Received a PCN about 9 days after.

Total duration of stay was approximately 8 minutes from whats remembered (The NTK doesn’t state the duration of stay. )

At no point did the driver leave the car.


Front of the PCN:https://ibb.co/gyXbGdG
Back: https://ibb.co/V3sWjC6


Any advice on how to fight this?
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post Fri, 24 May 2019 - 23:17
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ostell
post Sat, 25 May 2019 - 07:58
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Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper that must be there as prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc


There is also no period of parking 9 (2) (a)

Get a POPLA code and then point out all the POFA fails to POPLA and the fact that they are supposed to give a grace period at the beginning.

Whether the driver left the car or not is of no consequence.

It may help to get photos of the signs as they may just be forbidding and cannot create a contract.

This post has been edited by ostell: Sat, 25 May 2019 - 08:00
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brazilreal
post Sun, 26 May 2019 - 02:54
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Thanks

I will click photos of the signs
and update post here tomorrow.

Regards
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brazilreal
post Sun, 26 May 2019 - 14:29
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Hi,

Please see the pictures of the signs below:

https://ibb.co/hM50CTf
https://ibb.co/pyLfBkH

How do i edit the draft accordingly?

Many thanks
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ostell
post Sun, 26 May 2019 - 17:45
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I would say those signs are forbidding, especially the first one. Just keep that info in case it's needed later. Send in the appeal and then, if rejected, appeal to POPLA
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brazilreal
post Tue, 18 Jun 2019 - 16:53
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Appeal with parkwatch rejected.

got the POPLA code.

What do i actually state in the appeal to popla?

Any advice would be greatly appreciated.

Thanks in advance
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The Slithy Tove
post Tue, 18 Jun 2019 - 17:41
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QUOTE (brazilreal @ Tue, 18 Jun 2019 - 17:53) *
Any advice would be greatly appreciated.

Start researching and finding suitable POPLA appeals to plagiarise and adapt. Plenty here and on MSE. Focus on that POFA failure and the forbidding signs don't make any offer to park, so no contract (it's a matter of trespass which ParkWatch cannot pursue).
You've been spoon-fed thus far. I'm afraid you're going to need to do some legwork now.
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aj1
post Tue, 23 Jul 2019 - 17:29
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Have you had any luck with the appeal?
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