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SchoolRunMum
Posted on: Sat, 15 Sep 2018 - 23:42


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I would NOT ignore them. I would email them and tell them this:

QUOTE
They can’t change the name back to me, as they know I’m not the driver.


Tell them they have the option to withdraw from the POPLA process and to confirm the cancellation. The lack of formal confirmation of cancellation was why you were forced to use the POPLA code in the first place, albeit you saw they updated their own website as ''cancelled'' and you have taken the precaution of retaining a screenshot.

As they are well aware, a parking firm CANNOT hold a registered keeper liable, once the driver has been named. And nor can they play fast and loose with the various names, and if they continue to try to hold you to ransom and tell you that you 'must' withdraw your POPLA appeal or they will revert illegally to your name again, you will report them to the Information Commissioner immediately.

info@parkingeye.co.uk

Head it up:

FTAO the Privacy Team and POPLA Appeals Team - PCN REF XXXXX/XXXXX

  Forum: Private Parking Tickets & Clamping · Post Preview: #1416912 · Replies: 55 · Views: 1,984

SchoolRunMum
Posted on: Fri, 7 Sep 2018 - 01:30


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That's not a POPLA appeal, it is weak and will lose, IMHO.

It also ignores the slam dunk winning point that (hopefully) UKPC forgot to send you a NTK in the post. why do you think there was a tactic to 'appeal as registered keeper on day 26'? the reason is explained in the NEWBIES thread but you have overlooked the whole point!

If you used the MSE template appeal from the NEWBIES thread there, you only had to go back and read post #3 of it for POPLA templates.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1414490 · Replies: 34 · Views: 616

SchoolRunMum
Posted on: Tue, 4 Sep 2018 - 23:46


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Do not make up your own appeal showing weakness, which yours does. It suggests you are a victim who wants to explain themselves.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1413964 · Replies: 23 · Views: 615

SchoolRunMum
Posted on: Tue, 4 Sep 2018 - 23:40


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OPS are easy to beat, by using the template appeal in the NEWBIES thread on MSE forum, on day 26 (do not wait for a Notice to Keeper):

https://forums.moneysavingexpert.com/showth...d.php?t=4816822

OPS cannot hold a registered keeper liable and will forget to issue a NTK at all, if you appeal as registered keeper, as shown there.

Template appeal for this first stage - online BUT NOT YET - appeal on day 26. The reason is explained there, so don't ask here!

Easy as pie, and if they proceed to POPLA stage the keeper wins because OPS (even if they remember to post a NTK before day 56) do not use the compliant POFA wording needed).
  Forum: Private Parking Tickets & Clamping · Post Preview: #1413962 · Replies: 15 · Views: 332

SchoolRunMum
Posted on: Tue, 4 Sep 2018 - 22:36


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QUOTE
I then received a letter asking if i would go to mediation - I accepted and await a telephone call to enter mediation discussions.
Oh no.

People who do that expose themselves as complete victims in the phone call, and end up with a hearing with CEL, no discontinuance.

The forum advice is to say NO to Mediation.

Had you come here when you got the PCN, you would have killed it with one (not admitted the driver) appeal within a week or two. what a complete waste of time roller coaster you are now on, and you've blabbed about being the driver too.

None of what you have so far done, bodes well at all, sorry. Cut short the Mediation phone call and tell them you will see them in court.

I hope you can rescue this with a decent WS and evidence and hearing.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1413951 · Replies: 27 · Views: 491

SchoolRunMum
Posted on: Tue, 4 Sep 2018 - 22:30


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QUOTE
Wanted to confirm if this is legitimate and if it is to be paid or not.
It is the opposite of legitimate, and is NOT to be paid.

But do not ignore a court claim from Gladstones later - that is where these are won, and people who ignore a court claim get a CCJ.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1413950 · Replies: 43 · Views: 753

SchoolRunMum
Posted on: Tue, 4 Sep 2018 - 22:25


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Yes - your counter claim sum should have included it.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1413949 · Replies: 18 · Views: 578

SchoolRunMum
Posted on: Tue, 4 Sep 2018 - 20:49


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Rescue me from those split infinitives please, by getting rid of the grammar atrocity at the start where someone typed ''I'' followed by a comma, leaving the poor verb stranded several words later.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1413927 · Replies: 14 · Views: 257

SchoolRunMum
Posted on: Tue, 4 Sep 2018 - 20:45


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http://absolutecarparking.co.uk/

A BPA firm, who are not allowed to add debt collector costs exceeding a maximum £60 per PCN, as far as I recall. They have made up £75 per PCN on top, and that is not payable at all (in fact, it is a lie, there has been no money expended on debt collection firms).

That is a Letter Before Claim. so you should reply to it asking for their client's evidence of:

- all PCNs issued to this vehicle being included in this single claim, and that none have been held back for a second attempt

- where they say the car was parked

- the signs round the back, where you say the car was parked and there were no signs at all

- compliance with the POFA, because you are the registered keeper

- the £75 they contend was 'on the signs' (proof needed, copy of the signs they say were there) and evidence that APS obtained special authority from the BPA Trade Body, allowing them to add £75 per Pcn, when all the BPA allows is £60, and only if actually incurred. And proof that £75 per PCN was actually paid to a debt collector firm for each PCN.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1413926 · Replies: 20 · Views: 369

SchoolRunMum
Posted on: Tue, 4 Sep 2018 - 20:36


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QUOTE
as the RK on behalf of the driver


You are NOT appealing 'on behalf of the driver'. Don't fill in the POPLA boxes saying that!

QUOTE
Again, please, refer to the sketch in my original post and description of the layout. You have to enter and leave the car park managed by PP to enter the station car park and then enter and leave again to get out.
that is something to really drum home to POPLA in clear wording, with your aerial view image and the confusing signage photos.

Also including (embedded as an image in the PDF appeal, creating ONE illustrated document - rather like this thread - not lots of separate uploaded images) the station PDT if it is still available, after all how could the driver have purchased that if they were not in the station car park, and where is the operator's proof either way?

QUOTE
I also include signage and how, in my opinion, it is unclear as where the threshold of the railway car park and leisure car park begins / ends.
I agree.

  Forum: Private Parking Tickets & Clamping · Post Preview: #1413920 · Replies: 23 · Views: 646

SchoolRunMum
Posted on: Tue, 4 Sep 2018 - 20:02


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She would not have won on appeal anyway so would still have been in this position even if she'd sent a template appeal, as IPC firms just plough on and the IAS offers no prospect of a fair appeal to consumers, it is a well documented 'kangaroo court'.

My advice would be, the keeper (not saying who was driving, and not wording it as an appeal at all) should send HX a SAR for copies of:

- all letters they contend were sent

- all photos of the car and the signs on the day

- all data held, file notes, case updates and the DVLA look-up evidence and when they received the data back from the DVLA.

Then sit and wait in case HX decide to try a small claim, which they sometimes do using Gladstones.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1413909 · Replies: 4 · Views: 142

SchoolRunMum
Posted on: Sat, 1 Sep 2018 - 23:52


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QUOTE (duckduck86 @ Sat, 1 Sep 2018 - 06:44) *
Hi,

Had a reply to my defence and a bit confused

https://preview.ibb.co/emOZnz/IMG_20180901_063802_01.jpg

Have they sent me the wrong form? This looks like a form Civil Enforcement should be filling in, not myself/the defendant.


You need to read the 'Know what happens when' section of the MSE Newbies thread, where bargepole tells you what forms to expect, how to fill them out, what boxes to tick, etc.

Please don't sleepwalk through the process not knowing what happens next, that's how people miss heir Witness Statement deadline later!
  Forum: Private Parking Tickets & Clamping · Post Preview: #1413124 · Replies: 10 · Views: 314

SchoolRunMum
Posted on: Sat, 1 Sep 2018 - 23:49


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I think Enterprise might be one which refunds those admin fees, when you win the appeals, which you WILL if you follow the proper route.

When the Notice to hirer x 2 arrive, you simply appeal as per the hirer appeal examples posted here by Dennis Basher (Edna Basher on MSE). as long as the driver is never implied, you WILL WIN both appeals.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1413123 · Replies: 15 · Views: 291

SchoolRunMum
Posted on: Sat, 1 Sep 2018 - 23:45


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Apart from providing me with a POPLA code to win the case and cancel this non POFA PCN, any further communication with 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.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1413122 · Replies: 10 · Views: 271

SchoolRunMum
Posted on: Sat, 1 Sep 2018 - 23:44


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You must provide transcripts of court cases you are relying on, but not the Beavis case as that is well known, being a Supreme Court *decision* (of sorts).
  Forum: Private Parking Tickets & Clamping · Post Preview: #1413121 · Replies: 158 · Views: 12,497

SchoolRunMum
Posted on: Sat, 1 Sep 2018 - 23:32


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No template, tell it how it is.

Tell VCS that you have complained to the host business about this harassment, and will be making a further complaint to the site landowner, their client. Perfectly reasonably and quickly, the driver fetched the permit from the person at Reception and went straight back out and had been ticketed anyway, which is predatory, and makes it impossible for people to visit the site following an email booking, because they are afforded an unsuitably short time to meet the host who handed over the guest permit.

add that:

If a person can't leave their car to go and get the permit, how is this workable? Clearly the ticketing is unfair and VCs should liaise with Reception as people arrive for meetings, and those confirmed as collecting valid permits from the host company, should be exempted completely. The driver reasonably expected the car park operator to complete a check with the business/site reception that drivers were attending prior to enforcement, and VCS have failed in this regard, so the purported contractual term to 'display a permit at all times' is impossible for visitors on arrival and is unfair.

Provide VCS with:

- your email confirmation of the booking, and

- a copy of the Guest permit

and ask them to cancel it now, or you will escalate the complaint to the landlord.

DO NOT set out the timeline you did in your first post, in fact I would edit the times out of it right now, they do not know what time you parked up so don;t give them that in the appeal, or here on an open forum.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1413119 · Replies: 16 · Views: 356

SchoolRunMum
Posted on: Sat, 1 Sep 2018 - 23:16


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Just send the template appeal, online (NOT by post) to Highview, as per the NEWBIES thread on MSE:

https://forums.moneysavingexpert.com/showth...d.php?t=4816822

Highview will cancel.

Please don't post asking which choice to tick, of the 2 options in the Highview appeal page.

YOU KNOW FROM BOTH FORUMS, NOT TO SAY WHO WAS DRIVING.

  Forum: Private Parking Tickets & Clamping · Post Preview: #1413115 · Replies: 2 · Views: 96

SchoolRunMum
Posted on: Sat, 1 Sep 2018 - 23:13


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Start reading any UKCPM court claim threads on here and on MSE. You need to be prepared. Forget IAS completely.

We see loads of threads about UKCPM, and some 99% of posters report a win at a hearing. Start your reading early.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1413114 · Replies: 4 · Views: 97

SchoolRunMum
Posted on: Sat, 1 Sep 2018 - 23:10


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Report them to Trading Standards, this bit is interesting and shows the system has the capacity to calculate the time on site:

QUOTE
I have also found that if you choose the Card option the amount you have to pay is shown so it does look as if the terminals are either faulty of programmed to trap people into penalty charges.


The machines are not 'faulty'. Some companies exist merely to take money from people, and this is an easy way to do just that.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1413113 · Replies: 9 · Views: 213

SchoolRunMum
Posted on: Sat, 1 Sep 2018 - 22:49


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Yes that's the one I was thinking of (I am Coupon-mad on MSE)!

It is long and others might want to suggest edits to remove any waffle...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1413111 · Replies: 58 · Views: 1,678

SchoolRunMum
Posted on: Fri, 31 Aug 2018 - 23:57


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There are WS examples in the NEWBIES thread one MSE, second post, including a link to a recent suggestion from solicitor poster, LoadsofChildren123 about how to start a WS:

https://forums.moneysavingexpert.com/showth...d.php?t=4816822

HTH
  Forum: Private Parking Tickets & Clamping · Post Preview: #1412889 · Replies: 123 · Views: 5,560

SchoolRunMum
Posted on: Fri, 31 Aug 2018 - 20:44


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QUOTE
Without knowing this site, I e-mailed Citizens Advice Helpline.

They advised to appeal on the ground that the charge was not reflecting the cost incurred by the private parking company with me parking at the site. I followed up the enquiry by asking whether the ticket itself was valid (hoping that if not, it would cancel automatically). They did not answer that directly, but still advised to appeal.

They said that it was difficult to appeal against the wrong registration number, as the law allows for genuine mistake.

They also said not responding might risk being asked by the court why I ignored, if the parking company ever decided to take me to court. Citizens Advice also asked for my address to pass on to the trade association (optional), and promised not to pass it to the private parking company. I have not acted accordingly, yet.


That is AWFUL 'advice' and worse than atrocious, given that the Scottish CAB did have the right information about private parking tickets ages ago, and this idiot has advised a load of tripe. The law does NOT give a 'slip rule' to a private parking firm! Jeez...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1412844 · Replies: 17 · Views: 313

SchoolRunMum
Posted on: Fri, 31 Aug 2018 - 20:38


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QUOTE
I would have thought they have a time limit for this sort of thing.

If that isn't the case, we'll appeal based on the ticket machines not working.
NO YOU WON'T.

He uses this one:

http://forums.pepipoo.com/index.php?showtopic=122532

... and does NOT choose 'driver' in any online dropdown menu that NCP have, he chooses ONLY 'registered keeper'.

  Forum: Private Parking Tickets & Clamping · Post Preview: #1412841 · Replies: 10 · Views: 271

SchoolRunMum
Posted on: Fri, 31 Aug 2018 - 18:54


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That is NOT a winning POPLA appeal.

You have missed several of the template POPLA points that are in the third post of the MSE NEWBIES thread.

and this entire point needs binning, POPLA take no notice of this:

QUOTE
2. Also Britannia Parking have provided no evidence that the ANPR system is reliable. The operator is obliged to ensure their ANPR equipment is maintained as described in paragraph 21.3 of the British Parking Association's Approved Operator Scheme Code of Practice.

I require the Operator to present records as to the dates and times of when the cameras at this car park were checked, adjusted, calibrated, synchronised with the timer which stamps the photos and generally maintained to ensure the accuracy of the dates and times of any ANPR images. This is important because the entirety of the charge is founded on two images purporting to show the vehicle entering and exiting at specific times. It is vital that this Operator must produce evidence in response to these points and explain to POPLA how their system differs (if at all) from the flawed ANPR system which was wholly responsible for the court loss by the Operator in Parking Eye v Fox-Jones on 8 Nov 2013. That case was dismissed when the judge said the evidence from the Operator was 'fundamentally flawed' as the synchronisation of the camera pictures with the timer had been called into question and the operator could not rebut the point.

Britannia Parking has not provided any evidence to show that their system is reliable, accurate or maintained. I request that you uphold my appeal based on this.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1412817 · Replies: 14 · Views: 257

SchoolRunMum
Posted on: Fri, 31 Aug 2018 - 18:52


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How is it complicated to copy & paste the template appeal I wrote for newbies to use, on MSE, and it was linked for you...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1412816 · Replies: 10 · Views: 289

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