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Fallen ticket
arcticmonkey
post Mon, 30 Apr 2018 - 12:05
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Hi all

Hope that you can help me with this one. I've had great advice from here in the past, thank you

Received a parking charge notice from NCP. The driver had bought a parking ticket but the glue had come unstuck and when they returned to the car it was on the floor. they have uploaded evidence to their website when I checked it which does show the ticket isn't there.

I though that common sense would prevail if I spoke to them but then remembered I live in the real world and this company is more likely to want my money!! so I haven't contacted them yet but from getting success from here before I know that you don't ignore it but don't pay it either.

other advice I've been given is when I do contact them is to wait until day 26 and then discuss the driver of the car.

So if any of you lovely people could give me advice on if this is true but also how I should go about the appeal. On my previous one I argued that the cost was too high but I'm reading that some judge thinks £100 is not excess now so I'm not sure what to do.

Sorry if I've not done this in the right way but you guys have always been so helpful in the past

thanks again

This post has been edited by arcticmonkey: Tue, 1 May 2018 - 15:53
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post Mon, 30 Apr 2018 - 12:05
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nosferatu1001
post Mon, 30 Apr 2018 - 12:10
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MSE forum, newbies thread, TEMPLATE appeal there - easy to find, its in blue

You could add that the ticket was visible just not in the dash, as the glue used by them was inadeuqate to keep it adhered. Any breahc of contract is at best de minimis, and at worst of their own making. They must cnacel or you wil luse POPLA whihc will tell them to cancel.

Its only NCP. They dont do court, which is the only place this could ever be enforced.
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ostell
post Mon, 30 Apr 2018 - 12:18
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and remove those hints about who could have been the driver from your first post. Use "The driver ......" etc
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arcticmonkey
post Mon, 30 Apr 2018 - 17:38
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okey doke so refer to "the driver" in any contact with them and get the template from MSE, got it

do I wait the 26 days or can I do it sooner rather than later?


good to know that they don't go to court I had tried to find out how likely it would be

thanks again for your help, really appreciated

This post has been edited by arcticmonkey: Mon, 30 Apr 2018 - 17:38
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ostell
post Mon, 30 Apr 2018 - 19:05
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Edit your first post before you lose that ability. Post up any appeals for critique before you send
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Dwaynedouglas
post Tue, 1 May 2018 - 07:17
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QUOTE (ostell @ Mon, 30 Apr 2018 - 13:18) *
and remove those hints about who could have been the driver from your first post. Use "The driver ......" etc


This refers to your post at the top of the page OP


--------------------
I'm not a lawyer or legally trained, my opinion is based on my experience - follow at your own risk.
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arcticmonkey
post Tue, 1 May 2018 - 15:51
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a ha thanks for that just read up why you wanted me to do that, sneaky sneaky

here is my appeal, any feedback gratefully received

I wasn't sure about the photos thing as they are all on the website did think about asking them for the formula for their glue though just to be arsey haha




Dear Sir/Madam,

Re PCN number: XXXXXXXXXX

I appeal and dispute your purported 'parking charge', as the keeper of the vehicle. I deny liability and consider the PCN an absolute disgrace and pure intimidation.

There will be no admissions as to who was driving and no assumptions can be drawn, nor was there any agreed contract.
I have attached a copy of the parking ticket demonstrating that the correct amount was paid for use of the car park. This was paid for at XXX. This was attached using your sticker as instructed on your ticket. Your ‘notice’ was issued at XXX therefore the glue on your ticket lasted less than an hour. This would suggest that your adhesive is not fit for purpose. Please cancel the PCN.

Should you fail to cancel this PCN, I require the following information with your rejection letter:

1. Please provide dated photos of the signs on site, which you contend formed a contract.
2. Please provide all images taken of this vehicle on that day, at the material location.

I will use POPLA (if offered) not the 'IAS' which has been exposed in Parliament as compromised by a conflict of interests with the IPC. The BPA were also heavily criticised and both appeals systems were condemned - hardly surprising for an industry where so-called AOS members admitted in recent years to letting victims 'futilely go through the motions' of appeal and saying on camera 'we make it up sometimes' (BBC Watchdog). Firms of your ilk were unanimously criticised in 2018 as operating an 'outrageous scam' (Hansard 2.2.18).

I have kept proof of submission of this appeal.

Yours faithfully,
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arcticmonkey
post Wed, 16 May 2018 - 09:34
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hi all

is any one able to give me any feedback on my appeal please


thanks again for your help
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ostell
post Wed, 16 May 2018 - 11:01
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Why are you pratting on about the IAS when a little bit of research would have told you NCP are BPA and POPLA. Makes you look as though you don't know what you are talking about.

Keep the emotion and name calling out of it.
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arcticmonkey
post Wed, 16 May 2018 - 17:38
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Haha I don't know what I'm talking about. I used the template that was suggested and wasn't sure what I should put in and what I should leave out
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nosferatu1001
post Thu, 17 May 2018 - 10:50
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It isnt "your"£ appeal, its the one from MSE.
Id just leave out hte I will use.. para.
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arcticmonkey
post Thu, 17 May 2018 - 22:22
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That's great thank you again for your help
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Churchmouse
post Sat, 19 May 2018 - 10:02
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QUOTE (ostell @ Wed, 16 May 2018 - 12:01) *
Why are you pratting on about the IAS when a little bit of research would have told you NCP are BPA and POPLA. Makes you look as though you don't know what you are talking about.

Keep the emotion and name calling out of it.

Lol. The first time I read it I thought I must have copied the wrong wording from MSE. It's a ridiculous, sanctimonious rant, but apparently its "purpose" is simply to suggest that the person employing it is someone to be reckoned with. Why that cannot be done without the generous helping of nonsense is not clear. For future reference, here is a somewhat more sober version of the MSE rant that has been successfully used (this is the non-driver version):

I have received the above referenced Parking Charge Notice as the registered keeper of the vehicle in
question. I was not the driver of the vehicle at the relevant time, and the circumstances surrounding the
issue of this particular PCN do not amount to a legal obligation on anyone to pay you any sum of money,
so I hereby dispute the purported 'parking charge' and deny all liability therefor. Although I do know the
identity of the driver, I am under no obligation to provide that information to you.

In any case, no contract capable of being enforced was agreed with the driver. The terms on the
signage at the site fail the test of 'large lettering' and prominence of the parking charge, as established in
ParkingEye Ltd v Beavis, which is otherwise not relevant to this location. Accordingly, you must cancel
this PCN and discontinue all further correspondence with me. Should you fail to cancel this PCN, I
require the following information with your rejection letter:

1. Dated photos of all of the signs present on the site at the time of the alleged parking incident, which
you contend offered a parking contract to the driver.

2. All images you have of the vehicle in question at the relevant location on the relevant date.

3. POPLA code.


--Churchmouse
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