ParkWatch PCN- No permit, ParkWatch PCN- No permit dale end birmingham b4 7ln |
ParkWatch PCN- No permit, ParkWatch PCN- No permit dale end birmingham b4 7ln |
Fri, 24 May 2019 - 23:17
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#1
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New Member Group: Members Posts: 6 Joined: 13 Oct 2018 Member No.: 100,380 |
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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Fri, 24 May 2019 - 23:17
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Sat, 25 May 2019 - 07:58
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#2
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
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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Sun, 26 May 2019 - 02:54
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#3
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New Member Group: Members Posts: 6 Joined: 13 Oct 2018 Member No.: 100,380 |
Thanks
I will click photos of the signs and update post here tomorrow. Regards |
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Sun, 26 May 2019 - 14:29
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#4
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New Member Group: Members Posts: 6 Joined: 13 Oct 2018 Member No.: 100,380 |
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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Sun, 26 May 2019 - 17:45
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#5
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
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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Tue, 18 Jun 2019 - 16:53
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#6
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New Member Group: Members Posts: 6 Joined: 13 Oct 2018 Member No.: 100,380 |
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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Tue, 18 Jun 2019 - 17:41
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#7
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Member Group: Members Posts: 3,283 Joined: 5 Jan 2012 Member No.: 52,178 |
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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Tue, 23 Jul 2019 - 17:29
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#8
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Member Group: Members Posts: 35 Joined: 14 Jul 2014 Member No.: 71,871 |
Have you had any luck with the appeal?
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