PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Railway Car Park, PCN Issued
skydivermel
post Fri, 18 Dec 2020 - 15:27
Post #1


Member


Group: Members
Posts: 64
Joined: 31 Aug 2009
From: Essex
Member No.: 31,634



Hello all,

I'm looking for some assistance please.

The Driver received this PCN today. Story is they frequently use this car park to commute into London and when parking at this station there is usually a man in a hut whom takes payment but on this day the hut was closed and locked up. (suspected due to Covid)
Car park entrance can be seen here. https://www.google.co.uk/maps/@51.8072979,0...3312!8i6656

If the attendant isn't available then you can pay at one of several meters dotted around the car park. However on this day most of the car park had Arris type fencing in it effectively closing off about 2/3rds of the car park. When the driver went to pay at the meter is wasn't working and couldn't get to any other meters due to the fencing. Here's a link google maps link of the whole carpark. https://www.google.co.uk/maps/@51.8073753,0...#33;3m1!1e3

As you can see from the PCN the car park wasn't exactly busy. In fact the driver thinks It was only 1 of 4 cars parked there.

Any help appreciated.




This post has been edited by skydivermel: Fri, 18 Dec 2020 - 18:56


--------------------
Gravity is a myth. The Earth sucks.
Go to the top of the page
 
+Quote Post
3 Pages V  < 1 2 3  
Start new topic
Replies (40 - 57)
Advertisement
post Fri, 18 Dec 2020 - 15:27
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Jlc
post Sun, 17 Jan 2021 - 12:28
Post #41


Member


Group: Members
Posts: 41,510
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



QUOTE (skydivermel @ Sun, 17 Jan 2021 - 12:20) *
A. Full name of registered keeper is: Mr John Doe
B. Serviceable address of registered keeper is: 1 Acacia Drive, Littletown, AB1 4DD




QUOTE (skydivermel @ Sun, 17 Jan 2021 - 12:20) *
Grounds for appeal are as set out below: -

1. As stated in my previous reply to you, to my knowledge, the vehicle has never been to the location listed on your notice.

In any case, you have failed to comply with the Protection of Freedoms Act 2012 to hold me, the registered keeper, liable as per the following paragraphs:
2. 9 (2) (a) in that the relevant land has not been identified. The information you have given means nothing to me and I do not know the location of the alleged breach.
3. 9 (2) (f) statement of keeper liability not in the prescribed format.
4. 9 (4) Failure to deliver within 14 days of the event.



--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post
skydivermel
post Sun, 17 Jan 2021 - 12:52
Post #42


Member


Group: Members
Posts: 64
Joined: 31 Aug 2009
From: Essex
Member No.: 31,634



@JIC

Do I leave the final 2 paragraphs in as post #40?

This post has been edited by skydivermel: Sun, 17 Jan 2021 - 12:53


--------------------
Gravity is a myth. The Earth sucks.
Go to the top of the page
 
+Quote Post
Jlc
post Sun, 17 Jan 2021 - 13:46
Post #43


Member


Group: Members
Posts: 41,510
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



Yes, I just listed changes.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post
skydivermel
post Sun, 17 Jan 2021 - 15:00
Post #44


Member


Group: Members
Posts: 64
Joined: 31 Aug 2009
From: Essex
Member No.: 31,634



@JIC
Topman. Thank you very much for your help.


--------------------
Gravity is a myth. The Earth sucks.
Go to the top of the page
 
+Quote Post
skydivermel
post Wed, 27 Jan 2021 - 13:34
Post #45


Member


Group: Members
Posts: 64
Joined: 31 Aug 2009
From: Essex
Member No.: 31,634



The Saga continues.

Received this today.

Further help need please.

Link to letter here. Apologies if I've not uploaded photos right. I couldn't find anything in the notes as to the best way to do it.

https://photos.app.goo.gl/y43GTtHXy6V9t3Y37
https://photos.app.goo.gl/5jomS5WSG5HwAbNJ8


--------------------
Gravity is a myth. The Earth sucks.
Go to the top of the page
 
+Quote Post
localdriver
post Wed, 27 Jan 2021 - 14:35
Post #46


Member


Group: Members
Posts: 1,314
Joined: 3 Sep 2008
From: Not in the UK
Member No.: 22,300



Their photo clearly shows the car in a car park, with the tops of the houses in Albert Road Witham in the background.
Go to the top of the page
 
+Quote Post
ostell
post Wed, 27 Jan 2021 - 15:58
Post #47


Member


Group: Members
Posts: 17,088
Joined: 8 Mar 2013
Member No.: 60,457



Respond to them telling that they have misquoted the requirements of POFA. The Notice to Keeper has to be DELIVERED, not issued, within 14 days, POFA 9 (4), issued is insufficient. The parking event was the 30th November, the Notice was issued on the 11th December, a Friday. It is assumed delivered 2 WORKING days later, POFA 9 (6), Tuesday 15th. Therefore outside of the 14 day requirement and you, the keeper, cannot be held liable.

Please go forth and multiply.

This post has been edited by ostell: Wed, 27 Jan 2021 - 15:59
Go to the top of the page
 
+Quote Post
skydivermel
post Wed, 27 Jan 2021 - 17:09
Post #48


Member


Group: Members
Posts: 64
Joined: 31 Aug 2009
From: Essex
Member No.: 31,634



QUOTE (localdriver @ Wed, 27 Jan 2021 - 14:35) *
Their photo clearly shows the car in a car park, with the tops of the houses in Albert Road Witham in the background.


The ticket issued stated a car park somewhere in Liverpool. FFS

How's this look?

Dear Sirs,

Thank you for your letter dated 25th January.

I am afraid you have misquoted the requirements of POFA. The Notice to Keeper must be DELIVERED, not issued, within 14 days, POFA 9 (4), issued is insufficient. The parking event was the 30th of November, the Notice was issued on the 11th of December, a Friday. It is assumed delivered 2 WORKING days later, POFA 9 (6), Tuesday 15th. Therefore, outside of the 14-day requirement and I, the keeper, cannot be held liable.

This shall be the final time I reply to you. Any further communication from you to me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours sincerely


--------------------
Gravity is a myth. The Earth sucks.
Go to the top of the page
 
+Quote Post
ostell
post Wed, 27 Jan 2021 - 17:17
Post #49


Member


Group: Members
Posts: 17,088
Joined: 8 Mar 2013
Member No.: 60,457



Yep, that should do. Have they rejected any of the other fails that were pointed out?

You could put "misquoted or misunderstood" just to be cheeky
Go to the top of the page
 
+Quote Post
localdriver
post Wed, 27 Jan 2021 - 17:30
Post #50


Member


Group: Members
Posts: 1,314
Joined: 3 Sep 2008
From: Not in the UK
Member No.: 22,300



QUOTE (skydivermel @ Wed, 27 Jan 2021 - 18:09) *
QUOTE (localdriver @ Wed, 27 Jan 2021 - 14:35) *
Their photo clearly shows the car in a car park, with the tops of the houses in Albert Road Witham in the background.
The ticket issued stated a car park somewhere in Liverpool.


Exactly, nothing like Gadbrook Park in Rudheath.

Go to the top of the page
 
+Quote Post
skydivermel
post Wed, 27 Jan 2021 - 18:07
Post #51


Member


Group: Members
Posts: 64
Joined: 31 Aug 2009
From: Essex
Member No.: 31,634



QUOTE (ostell @ Wed, 27 Jan 2021 - 17:17) *
Yep, that should do. Have they rejected any of the other fails that were pointed out?

You could put "misquoted or misunderstood" just to be cheeky


I like misunderstood.

Letter will be in the post to them tomorrow.

Thanks for your help it's appreciated.

QUOTE (localdriver @ Wed, 27 Jan 2021 - 17:30) *
QUOTE (skydivermel @ Wed, 27 Jan 2021 - 18:09) *
QUOTE (localdriver @ Wed, 27 Jan 2021 - 14:35) *
Their photo clearly shows the car in a car park, with the tops of the houses in Albert Road Witham in the background.
The ticket issued stated a car park somewhere in Liverpool.


Exactly, nothing like Gadbrook Park in Rudheath.


In their second letter to me they gave a full postal address and postcode. Somewhere just south of Liverpool. biggrin.gif


--------------------
Gravity is a myth. The Earth sucks.
Go to the top of the page
 
+Quote Post
Jlc
post Wed, 27 Jan 2021 - 18:21
Post #52


Member


Group: Members
Posts: 41,510
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



You did tell them the car has never been to the claimed location?

The chat around PoFA is not the main show.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post
Umkomaas
post Wed, 27 Jan 2021 - 18:30
Post #53


Member


Group: Members
Posts: 3,124
Joined: 8 Feb 2013
Member No.: 59,842



QUOTE (ostell @ Wed, 27 Jan 2021 - 15:58) *
Respond to them telling that they have misquoted the requirements of POFA. The Notice to Keeper has to be DELIVERED, not issued, within 14 days, POFA 9 (4), issued is insufficient. The parking event was the 30th November, the Notice was issued on the 11th December, a Friday. It is assumed delivered 2 WORKING days later, POFA 9 (6), Tuesday 15th. Therefore outside of the 14 day requirement and you, the keeper, cannot be held liable.

Please go forth and multiply.

Alongside 'DELIVERED' you could also bracket 'GIVEN', which is the term also used in para 9 (4) of PoFA Schedule 4.

(4)The notice must be given by

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
Go to the top of the page
 
+Quote Post
skydivermel
post Mon, 24 May 2021 - 17:29
Post #54


Member


Group: Members
Posts: 64
Joined: 31 Aug 2009
From: Essex
Member No.: 31,634



So the saga continues.

This arrived in the post today. Would appreciate some help with this.

https://imagizer.imageshack.com/img923/1456/lpeUkZ.jpg
https://imagizer.imageshack.com/img923/3457/hd9OgR.jpg
https://imagizer.imageshack.com/img924/3323/HDVlOx.jpg


--------------------
Gravity is a myth. The Earth sucks.
Go to the top of the page
 
+Quote Post
The Rookie
post Mon, 24 May 2021 - 17:58
Post #55


Member


Group: Members
Posts: 56,198
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



I’d write back now complaining of the DPA breach, as the car is clearly shown not to be parked in the car park alleged (and point out the background in the photos) then they have no reasonable cause to process your data, insist they cease now or you will then complain to the ICO. Make it a formal complaint just about the DPA breach.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
Go to the top of the page
 
+Quote Post
nosferatu1001
post Mon, 24 May 2021 - 18:00
Post #56


Member


Group: Members
Posts: 28,687
Joined: 27 Nov 2007
Member No.: 15,642



Yawn. Debt collector trash. You know what to do, the advice is unambiguous.

What response did they give to your letter above?
Go to the top of the page
 
+Quote Post
Umkomaas
post Mon, 24 May 2021 - 19:19
Post #57


Member


Group: Members
Posts: 3,124
Joined: 8 Feb 2013
Member No.: 59,842



Seen the same drivel (and photograph) of the smiling, fragrant 'Abigale' (who knows if that's her name, or even her photo) There are nutters about who might well pick up a PCN (ANPR can't differentiate between a mild-mannered pensioner and a psychopath) and I don't think any sane debt collector staff member would want to be showing her face and her name in letters of threat.

Ignore 'Abi' and all of her ticks! ✔️
Go to the top of the page
 
+Quote Post
skydivermel
post Mon, 24 May 2021 - 19:27
Post #58


Member


Group: Members
Posts: 64
Joined: 31 Aug 2009
From: Essex
Member No.: 31,634



QUOTE (nosferatu1001 @ Mon, 24 May 2021 - 19:00) *
Yawn. Debt collector trash. You know what to do, the advice is unambiguous.

What response did they give to your letter above?


They didnt, never heard anything back from them until today.


--------------------
Gravity is a myth. The Earth sucks.
Go to the top of the page
 
+Quote Post

3 Pages V  < 1 2 3
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Friday, 29th March 2024 - 07:09
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here