PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Willen Lake, Napier Parking, 'Fixed Charge Notice', what to do?
Magandang_Buhay
post Mon, 11 Sep 2017 - 18:12
Post #1


Member


Group: Members
Posts: 44
Joined: 8 Jul 2009
Member No.: 30,182



Hello,

Following a visit to Willen Lake and not displaying a ticket, I've received this:



I'm just looking for advice how to proceed, please. Is there anything particular I should include in an initial appeal?
Thanks!
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 15)
Advertisement
post Mon, 11 Sep 2017 - 18:12
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Jlc
post Mon, 11 Sep 2017 - 18:43
Post #2


Member


Group: Members
Posts: 26,936
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



QUOTE (markweatherill @ Mon, 11 Sep 2017 - 19:12) *
I'm just looking for advice how to proceed, please. Is there anything particular I should include in an initial appeal?

It's hard to say without telling us what happened...


--------------------
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.
Go to the top of the page
 
+Quote Post
nosferatu1001
post Mon, 11 Sep 2017 - 19:17
Post #3


Member


Group: Members
Posts: 15,210
Joined: 27 Nov 2007
Member No.: 15,642



MSE forum, newbie thread, ias appeal.

However Napier are different to most. Have a look there fir other threads on Napier.
Go to the top of the page
 
+Quote Post
cabbyman
post Mon, 11 Sep 2017 - 19:19
Post #4


Member


Group: Members
Posts: 5,396
Joined: 15 Dec 2007
From: Hampshire
Member No.: 16,066



'Failure to clearly display a valid ticket/permit.'

Dear sirs,

ref xxxxx

I have received your above NtK and respond as the registered keeper.

The notice woefully fails to comply with the provisions of Sched 4 of POoFA 2012 and, I understand from the driver and photographs, that the signage is not sufficient to convey a contract.

Given your consequent inability to hold me liable as keeper, I require you to cancel this charge forthwith. Alternatively, I invite you to afford me access to alternative dispute resolution through a competent agency in accordance with The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015. I would suggest for this purpose The Ombudsman Service or POPLA. As you are well aware, the Independent Appeals Service is no such thing and does not meet the requirements of the regulations. It is, therefore, not suitable to deal with this case.

In the absence of either of the above, I require you to cease processing my date immediately. Failure to do so may result in action being taken, including, but not limited to, a claim for improper use of my personal data.

Love and kisses.


See what others say.


--------------------
Cabbyman 8 PPCs 0
Go to the top of the page
 
+Quote Post
nosferatu1001
post Mon, 11 Sep 2017 - 19:23
Post #5


Member


Group: Members
Posts: 15,210
Joined: 27 Nov 2007
Member No.: 15,642



Does it miss pofa? Thiught it got close enough above.
Go to the top of the page
 
+Quote Post
cabbyman
post Mon, 11 Sep 2017 - 20:08
Post #6


Member


Group: Members
Posts: 5,396
Joined: 15 Dec 2007
From: Hampshire
Member No.: 16,066



Apart from admitting that I got that bit wrong, can I squirm a little and say that we don't know all the relevant dates????? wink.gif

Leave out my comment about PoFA.


--------------------
Cabbyman 8 PPCs 0
Go to the top of the page
 
+Quote Post
SchoolRunMum
post Mon, 11 Sep 2017 - 22:07
Post #7


Member


Group: Members
Posts: 17,087
Joined: 20 Sep 2009
Member No.: 32,130



Depends whether the PCN arrived by day 14 or not, but the wording itself looks compliant.

Luckily, Napppier use BW Legal to try any small claims we've seen recently (not many) and they are useless.

Why no PDT displayed?
Go to the top of the page
 
+Quote Post
Magandang_Buhay
post Tue, 12 Sep 2017 - 05:05
Post #8


Member


Group: Members
Posts: 44
Joined: 8 Jul 2009
Member No.: 30,182



Thanks for the replies, I will draft an appeal to Napier along the lines of cabbyman's suggestion, leaving out the POFA parts.

The letter arrived with me within 14 days.

(EDITED)

This post has been edited by Magandang_Buhay: Thu, 14 Sep 2017 - 11:44
Go to the top of the page
 
+Quote Post
nosferatu1001
post Tue, 12 Sep 2017 - 07:01
Post #9


Member


Group: Members
Posts: 15,210
Joined: 27 Nov 2007
Member No.: 15,642



So how long was the car "parked", and what were the objections by the driver / occupants?
Go to the top of the page
 
+Quote Post
Magandang_Buhay
post Tue, 12 Sep 2017 - 13:45
Post #10


Member


Group: Members
Posts: 44
Joined: 8 Jul 2009
Member No.: 30,182



QUOTE (nosferatu1001 @ Tue, 12 Sep 2017 - 08:01) *
So how long was the car "parked", and what were the objections by the driver / occupants?


The letter gives an 'observed between' period of about ten minutes.
(EDITED)

I hope I do have a leg to stand on. mellow.gif

This post has been edited by Magandang_Buhay: Thu, 14 Sep 2017 - 11:45
Go to the top of the page
 
+Quote Post
Jlc
post Tue, 12 Sep 2017 - 15:15
Post #11


Member


Group: Members
Posts: 26,936
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



On private land the BB has no statutory meaning for parking.

A lot will hinge on what actually happened - if the car was 'parked and left' then it could well be argued the contract was formed. It is quite likely you were 'watched'.

However, if the driver was seeking to study/reject the contract on offer then that could be a good defence. It's possible that the time to do so could be longer if a person with protected characteristics was present.


--------------------
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.
Go to the top of the page
 
+Quote Post
SchoolRunMum
post Tue, 12 Sep 2017 - 19:53
Post #12


Member


Group: Members
Posts: 17,087
Joined: 20 Sep 2009
Member No.: 32,130



Anyone with a strong dislike of PPCs should avoid certain PPCs in car parks, Napppier being one, VCS and Excel and UKCPS being a few others.
Go to the top of the page
 
+Quote Post
Magandang_Buhay
post Wed, 13 Sep 2017 - 09:18
Post #13


Member


Group: Members
Posts: 44
Joined: 8 Jul 2009
Member No.: 30,182



Thanks; now, how could I best contact a forum moderator please?
Go to the top of the page
 
+Quote Post
Jlc
post Wed, 13 Sep 2017 - 09:29
Post #14


Member


Group: Members
Posts: 26,936
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



QUOTE (markweatherill @ Wed, 13 Sep 2017 - 10:18) *
Thanks; now, how could I best contact a forum moderator please?

Hit the '! Report' button.


--------------------
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.
Go to the top of the page
 
+Quote Post
Magandang_Buhay
post Wed, 13 Sep 2017 - 09:53
Post #15


Member


Group: Members
Posts: 44
Joined: 8 Jul 2009
Member No.: 30,182



QUOTE (Jlc @ Wed, 13 Sep 2017 - 10:29) *
QUOTE (markweatherill @ Wed, 13 Sep 2017 - 10:18) *
Thanks; now, how could I best contact a forum moderator please?

Hit the '! Report' button.


It isn't for 'objectionable' reasons; is that still OK?
Go to the top of the page
 
+Quote Post
nosferatu1001
post Wed, 13 Sep 2017 - 10:23
Post #16


Member


Group: Members
Posts: 15,210
Joined: 27 Nov 2007
Member No.: 15,642



Yes, we would not say otherwise.
Go to the top of the page
 
+Quote Post

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: Thursday, 22nd February 2018 - 01:10
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.