PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

PCN ipswich
Woodycuk
post Sun, 23 Jun 2019 - 08:31
Post #1


New Member


Group: Members
Posts: 5
Joined: 23 Jun 2019
Member No.: 104,420



Hi,
Have received PCN through post for parking at local college.

Proof provided on PCN is CCTV image showing car/reg entering then leaving private road approx 45mins later, image from road approaching the car park not actual proof car was physically parked in the car park itself.

Car notice reads on parking contravention: parked in a permit bay without clearly displaying a valid permit or in receipt of a valid virtual permit.

Is this enforceable please do I have grounds to appeal.

Thanks woody

This post has been edited by Woodycuk: Tue, 25 Jun 2019 - 11:45
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 11)
Advertisement
post Sun, 23 Jun 2019 - 08:31
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Jlc
post Sun, 23 Jun 2019 - 11:24
Post #2


Member


Group: Members
Posts: 41,506
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



QUOTE (Woodycuk @ Sun, 23 Jun 2019 - 09:31) *
Is this enforceable

Potentially.

What company has issued the PCN?


--------------------
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, SAR=Subject Access Request

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
Woodycuk
post Sun, 23 Jun 2019 - 13:50
Post #3


New Member


Group: Members
Posts: 5
Joined: 23 Jun 2019
Member No.: 104,420



QUOTE (Jlc @ Sun, 23 Jun 2019 - 12:24) *
QUOTE (Woodycuk @ Sun, 23 Jun 2019 - 09:31) *
Is this enforceable

Potentially.

What company has issued the PCN?


Ipserv
Go to the top of the page
 
+Quote Post
Redivi
post Sun, 23 Jun 2019 - 14:27
Post #4


Member


Group: Members
Posts: 4,126
Joined: 31 Jan 2018
Member No.: 96,238



Ipserv is the commercial side of Ipswich council

Can you confirm that this is a Parking Notice and not a Penalty Notice ?

If it's a Parking Notice, was it delivered within 14 days of the parking event and does it refer to the Protection of Freedoms Act to recover payment from the registered keeper ?

Are you saying that the car was parked in the road and not in any parking bay ?

Go to the top of the page
 
+Quote Post
Woodycuk
post Sun, 23 Jun 2019 - 20:51
Post #5


New Member


Group: Members
Posts: 5
Joined: 23 Jun 2019
Member No.: 104,420



Parking charge notice received and no not received within 14 days of the event date, event date was 20/5 date of issue 17/6 so 4 weeks to issue.

No mention of protection of freedom act but does make reference to recovery from registered keeper in event I name alternative driver but they deny or I provide incorrect driver details.

As for location of car in private road, the cctv images they are relying on as proof are taken from one way road approach certainly not proof car was parked within car park itself or further along road itself parked on double yellow lines with blue badge. Almost exactly where CCTV image taken is sign on lamppost stating entering private land/road with Ipserv signage underneath.
Go to the top of the page
 
+Quote Post
Jlc
post Sun, 23 Jun 2019 - 21:07
Post #6


Member


Group: Members
Posts: 41,506
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



Could you post a redacted copy of the PCN?

As BPA members POPLA should be available? If there's no compliance with PoFA then easy win!


--------------------
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, SAR=Subject Access Request

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
Woodycuk
post Mon, 24 Jun 2019 - 07:10
Post #7


New Member


Group: Members
Posts: 5
Joined: 23 Jun 2019
Member No.: 104,420



Copy PCN attached hopefully

This post has been edited by Woodycuk: Mon, 24 Jun 2019 - 07:25
Attached File(s)
Attached File  2483_001.pdf ( 87.57K ) Number of downloads: 84
Attached File  2484_001.pdf ( 61.38K ) Number of downloads: 218
 
Go to the top of the page
 
+Quote Post
Jlc
post Mon, 24 Jun 2019 - 07:48
Post #8


Member


Group: Members
Posts: 41,506
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



We can see through the redaction.

They ARE claiming keeper liability but have failed to comply with the necessary conditions to do so. With this being BPA/POPLA it will be an easy win!

Simply appeal that they have failed to comply with (at least) section 9(5) of Protection of Freedoms Act:
QUOTE
The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.


This post has been edited by Jlc: Mon, 24 Jun 2019 - 07:49


--------------------
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, SAR=Subject Access Request

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
Woodycuk
post Mon, 24 Jun 2019 - 09:48
Post #9


New Member


Group: Members
Posts: 5
Joined: 23 Jun 2019
Member No.: 104,420



Is it really as simple as that for the appeal, any likely fight back from Ipserv?

Just conscious of appealing & losing therefore having to pay the full fine especially knowing I have parked in same location between this documented ‘offence’ in May and receipt of charge notice so highly likely I will receiving another parking notice through the post in coming days/weeks. Won’t be making mistake for third time but frustrating as have been parking there for years with no problems.

Thanks for your helpful guidance.

This post has been edited by Woodycuk: Mon, 24 Jun 2019 - 10:13
Go to the top of the page
 
+Quote Post
Jlc
post Mon, 24 Jun 2019 - 10:40
Post #10


Member


Group: Members
Posts: 41,506
Joined: 25 Aug 2011
From: Planet Earth
Member No.: 49,223



Yes, it can be that simple... Many results on here where failing to comply means no liability for the keeper.

Actually, they are misrepresenting their legal position too. (Could stir up some trouble if you are inclined)


--------------------
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, SAR=Subject Access Request

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 Tue, 25 Jun 2019 - 10:57
Post #11


Member


Group: Members
Posts: 28,687
Joined: 27 Nov 2007
Member No.: 15,642



Stop telling the world who drove. Edit your post. If you dont knwo what is meant, then you havent read enough other posts smile.gif

Its not a fine
PPCs routinely reject appeals, because accpeting an appeal means they definitely dont get paid.
Go to the top of the page
 
+Quote Post
freedom1
post Fri, 12 Jul 2019 - 15:48
Post #12


Member


Group: Members
Posts: 10
Joined: 14 Jun 2019
Member No.: 104,300



QUOTE (Woodycuk @ Mon, 24 Jun 2019 - 10:48) *
Is it really as simple as that for the appeal, any likely fight back from Ipserv?

Just conscious of appealing & losing therefore having to pay the full fine especially knowing I have parked in same location between this documented ‘offence’ in May and receipt of charge notice so highly likely I will receiving another parking notice through the post in coming days/weeks. Won’t be making mistake for third time but frustrating as have been parking there for years with no problems.

Thanks for your helpful guidance.


I was in your situation recently and have won 3 appeals direct to date (no need to go to POPLA) so would say go for it! See the update to my post http://forums.pepipoo.com/index.php?showtopic=128439&hl=
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, 28th March 2024 - 16:47
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.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here