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Pcn from total parking solutions
Spclexus
post Wed, 30 Aug 2017 - 14:31
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A works car park is patrolled by total parking solutions. There is no charge for employee parking however a pass must be displayed. Tps has the required signs around the car park. A company employ tps to prevent members of public parking in the company car park.

A driver returning to their car today had a tps pcn on the wiper. Opened the car and the parking pass had fallen on floor out of sight probably as They closed door in the morning. So techinacally the drivers fault?

Driver can pay £40 in 2weeks or £70 thereafter or appeal.

Do They have any grounds for appeal? The company does not charge for parking so is not out of pocket and Driver does have a valid pass that today just didn't for whatever reason stay put.

The driver will be more careful in future. And regarding this will be grateful for any advice please. Theyve never had a ticket so have no idea wether to appeal or just pay?

asking for a mate
Thanks, steve

This post has been edited by Spclexus: Tue, 21 Nov 2017 - 19:11
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post Wed, 30 Aug 2017 - 14:31
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Jlc
post Fri, 8 Sep 2017 - 19:19
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Much to the parking companies annoyance the appeal to POPLA is completely afresh. So you can throw anything you like in regardless of whether you included in the first appeal.


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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cabbyman
post Fri, 8 Sep 2017 - 19:24
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Dear sirs,

ref xxxxx

As the [registered?] keeper of the vehicle concerned, the driver has passed your above referenced PCN to me to deal with. If you bother to look, you will find the vehicle on the list that was supplied to you on xx/xx/xx as one of those that you should not issue a PCN to.

Consequently, you are required to cancel this charge or provide a POPLA code where I will arrange for you to be instructed to cancel it.

Love and kisses.


It will almost certainly be rejected and a POPLA code sent. Hopefully, they will commit the cardinal sin of failing to obtain RK's details from DVLA in breach of PoFA.

When you receive their response, you need to contact DVLA to see if they did apply, but ONLY when you receive the response, not before.

This post has been edited by cabbyman: Fri, 8 Sep 2017 - 19:24


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Cabbyman 8 PPCs 0
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Spclexus
post Fri, 8 Sep 2017 - 19:37
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Got it biggrin.gif

Would i hinder any case by asking a specific question about signage here ? Or should it be kept for the appeal.
Ive researched the bps code of practice ( section b /18 sineage) and cannot find an answer or any comments in threads relating.
Its either a valid point or me trying to hard lol

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cabbyman
post Fri, 8 Sep 2017 - 19:43
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It's almost irrelevant what you say at this stage. Their only income is from PCNs. They are not going to cancel it until instructed by a higher authority. The object of this exercise is to secure the POPLA code.


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Cabbyman 8 PPCs 0
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Spclexus
post Fri, 8 Sep 2017 - 19:45
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QUOTE (cabbyman @ Fri, 8 Sep 2017 - 20:43) *
It's almost irrelevant what you say at this stage. Their only income is from PCNs. They are not going to cancel it until instructed by a higher authority. The object of this exercise is to secure the POPLA code.


Understood :-)
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cabbyman
post Fri, 8 Sep 2017 - 19:48
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Remove the hyphen to achieve smile.gif ....... smile.gif biggrin.gif


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Cabbyman 8 PPCs 0
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Spclexus
post Fri, 8 Sep 2017 - 20:23
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QUOTE (cabbyman @ Fri, 8 Sep 2017 - 20:48) *
Remove the hyphen to achieve smile.gif ....... smile.gif biggrin.gif


Haha, wink.gif smile.gif

Its a small point but ive just researched the bpa code of practice further and regarding signage i believe signs in the carpark in question fall short of bpa recommendations. In fact they do. So all good research for popla.

This post has been edited by Spclexus: Fri, 8 Sep 2017 - 20:25
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cabbyman
post Fri, 8 Sep 2017 - 23:03
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BPA CoP/recommendations don't trump the law. So if they fall short of BPA, they must fall short of requirements in Beavis.


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Cabbyman 8 PPCs 0
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Spclexus
post Mon, 11 Sep 2017 - 19:16
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QUOTE (cabbyman @ Sat, 9 Sep 2017 - 00:03) *
BPA CoP/recommendations don't trump the law. So if they fall short of BPA, they must fall short of requirements in Beavis.


Ok ,im hoping i do have a signage point as the signs im dealing with fall short of the beavis sign in terms of lettering .Also cant see in beavis anything relating to time of day relating to poor light / dark and unlit carpark/ unlit signs and not relective making difficult to read , but thats a point later to popla.

Tonights question,,, whats the diffrence between keeper / registered keeper?
An ntk will be for registered.

This post has been edited by Spclexus: Mon, 11 Sep 2017 - 19:16
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nosferatu1001
post Mon, 11 Sep 2017 - 19:22
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RK is just who the dvla have on record
The Keeper is the actual person in day to day charge of the vehicle

Pofa states RK is keeper unless proven otherwise.
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Spclexus
post Tue, 12 Sep 2017 - 15:31
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After intial appeal rejection notification when does the RK appeal at popla? As soon as possible or near end of the 56 day limit?
Is the idea to confirm no dvla contact then popla appeal asap?

Ive read a lot ,a real lot of popla appeals and they seem to be technical , can you just use your own words or does each point have to be backed with legal standings?'

Sorry for questions i am spending a lot of time each day researching and im confusing myself with all the information.
Want to give myself the best chance of a succesfull appeal while avoiding shooting myself in either or both feet sad.gif
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ostell
post Tue, 12 Sep 2017 - 15:46
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QUOTE (Spclexus @ Mon, 11 Sep 2017 - 20:16) *
Ok ,im hoping i do have a signage point as the signs im dealing with fall short of the beavis sign in terms of lettering .Also cant see in beavis anything relating to time of day relating to poor light / dark and unlit carpark/ unlit signs and not relective making difficult to read , but thats a point later to popla.


If you can't read the signs then you can't have agreed to a contract to park and therefore you cannot breach any conditions of a non existent contract.
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nosferatu1001
post Wed, 13 Sep 2017 - 07:53
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If the RK is trying to prevent them realising there is no NtK, you appeal towards the end of the 28 day period.

Yes it needs to be technical. Legal reasons why they couldnt charge the keeper.
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Spclexus
post Sun, 17 Sep 2017 - 09:16
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When i get my appeal refused from the parking co do i apply to the dvla then to see if they requested my details then or Before the popla appeal submission nearer the end of the 56day period?

Can they fall fail of pofa by replying to my appeal after i give them a rk address or is it only if they fail to send ntk before 56days?
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cabbyman
post Sun, 17 Sep 2017 - 19:40
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PoFA, which of course you have read and digested, requires them to have obtained RK details from DVLA in order to hold RK liable. The point of writing at about day 25/26 is so that they forget to apply to DVLA and, thus, cannot hold RK liable.

As soon as you get the rejection, ask DVLA who, if anyone, has accessed your information between [day before parking ticket] and [day after date on rejection letter]. Hopefully, DVLA will respond in the negative giving you a very strong appeal point.


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Cabbyman 8 PPCs 0
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Spclexus
post Wed, 20 Sep 2017 - 17:40
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The photographic evidence online shows the vehicle ticketed 1/2 hr before viewed time stated on ticket and. A full hr before the viewed to time on the ticket. Meaning they have to view it a certain time before issuing?. A valid point or trying to hard?.

Would it not show accuracy issues?

This post has been edited by Spclexus: Wed, 20 Sep 2017 - 17:45
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nosferatu1001
post Thu, 21 Sep 2017 - 12:19
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Well it casts doubt on their timings, so it is useful. Both cannot be true, and if only one is true, what other errors are there?
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Spclexus
post Sun, 24 Sep 2017 - 12:53
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Im trying to send my appeal however one of the boxes states " i was the ....... at the time of issue" it states driver, keeper or hirer. It wont let me select RK. Is it ok to select keeper and state in appeal text that rk was not an option?

This post has been edited by Spclexus: Sun, 24 Sep 2017 - 12:55
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cabbyman
post Sun, 24 Sep 2017 - 13:02
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Keeper is the correct answer. It may be useful to reinforce the point in the text as you suggest.

You may find that the next box is: 'In that case, name the driver here..........' If that happens, fill the fields with 'I am not required to divulge the name of the driver.' Repeat it as often as necessary to fill the fields in order to move on.


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Cabbyman 8 PPCs 0
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Spclexus
post Sun, 24 Sep 2017 - 13:14
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No that was it, appeal submitted. Awaiting refusal smile.gif

I found two emails to contact the dvla

Dsp@dvla......
Subjectaccess.requests@ dvla.....

Is one better than other or just apply to both?


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