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CCTV PCN Park Watch Chester at Silver St Bristol Easter Saturday, Contravention: 'No Waiting'
post Mon, 9 Apr 2018 - 18:24
Post #1


Group: Members
Posts: 41
Joined: 13 Mar 2011
Member No.: 45,063

Got this 'No Waiting' PCN today, 9 days after the alleged incident. Never had a non-Council one before - doesn't seem fair.
Am asking them to cancel it because their signs are awful but I wonder if there are any other grounds?

Pepipoo is full of great resources. I searched for Park Watch and went through the responses.
Can't find any discussions about Park Watch on the MopneySavingExpert site (who apparently used to be called Defence Systems) apart from this one (Park Watch PCN)

I also found these in case that helps anyone:
Helpful newbie guide on MoneySavingExpert
Parking Tickets, Fines & Parking section on MoneySavingExpert
Successful complaints about private parking tickets - how to get them cancelled!
POPLA site - What happens after you get refused and receive an appeal code

Thanks to a forum post, want to email to this text:
---------- suggested email -------
Dear Sir/Madam,

Re PCN number: xxxxxxx

I am the keeper of the vehicle which received this purported 'parking charge'. There will be no admissions as to who was driving and no assumptions can be drawn. I am not liable and I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs are in small print and the onerous terms are not readable.

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

1. Does your charge represent damages for breach of contract? Answer yes or no.
2. Please provide dated photos of the signs that you say were on site, which you contend formed a contract.
3. Please provide all photographs taken of this vehicle.

I am alarmed by your contact and I do not give you consent to process any data relating to me, or this vehicle. I deny liability and will not respond to debt collectors. You must consider this letter a Section 10 Notice under the DPA, and should you fail to respond accordingly, your company will be reported to the Information Commissioner.

I have kept proof of submission of this appeal and will also be making a formal complaint to your client landowner, PureGym.

If you are a current BPA member, send me a POPLA code. If you are an IPC firm, cease and desist with all contact.

Yours faithfully,

my name
Registered keeper of car reg num
My address and email
--------- ends -------------
Very glad of any comments.

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post Mon, 20 Aug 2018 - 17:09
Post #81


Group: Members
Posts: 41
Joined: 13 Mar 2011
Member No.: 45,063

Thanks Churchmouse - I have taken all the excellent advice I've received here and am grateful for it.
Posted here what I intended to tell PoPLA, took notice of all the comments by modifying my submission and re-posted it here. Then submitted it to PoPLA, posting back here their response verbatim every time without fail.
Initially the Forum advised me that it was enough to tell the parking company and PoPLA that I was not the driver (I added 'and can prove it') and that I didn't need to actually name the driver, so I didn't.

When my appeal was rejected I then followed this forum's advice and told PoPLA and the parking company the name, email address and phone number of the driver as soon as I was advised to here.
The driver has just supplied me his street address (the forum advised I get that) and I will be providing that to PoPLA and the parking company, as the forum advised that it's needed (I didn't have it).
Going to then obtain confirmation from the parking company that they have the driver's details and if they won't give it I'll send it to them by recorded delivery.

As a rule I don't miss deadlines and haven't missed any I knew about. If you complain to PoPLA about their decision (as I did, following this forum's advice), it doesn't affect the deadline to comply with their original decision?
Going to complain to PoPLA again and will post my suggested complaint text and their eventual response here, although they've already said after my first complaint that the matter is now closed.

Sorry if I've accidentally given the impression that I'm doing anything other than faithfully following the advice I'm so grateful that you and others provide.

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post Mon, 20 Aug 2018 - 17:09
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post Mon, 20 Aug 2018 - 17:37
Post #82


Group: Members
Posts: 5,936
Joined: 15 Dec 2007
From: South of John O'Groats, north of Cape Town.
Member No.: 16,066

PLEASE take note of advice given umpteen times:

1) Forget POPLA - They have made their decision; they no longer have anything to do with this.

2) Write to PPC by FIRST CLASS POST with free certificate of posting from Post Office. This is deemed delivered within 2 working days and it is up to the PPC to bring evidence to refute the presumption. A very difficult hill for them to climb. DO NOT use recorded delivery or any other kind of signed for post. They can refuse to sign for it and all you have is proof of non-delivery.

3) DO NOT contact the PPC to ask if they have received it. The presumption in law is that they have. Every time you contact them, you risk making an error that will open the floodgates for them. Keep contact to the minimum necessary.

4) If you get further contact from them after naming the driver come back here for advice about how to make a claim against them.

5) Take a deep breath and relax. This will not cost you anything, unless you have done something daft that you haven't told us about. It's time to let them make the running and fall into the hole you have dug for them.

This post has been edited by cabbyman: Mon, 20 Aug 2018 - 17:39

Cabbyman 10 PPCs 0
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