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Parking Control Management PCN for taxi picking up customer
newaccount
post Tue, 12 Oct 2021 - 01:57
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Hi all,

Thank you in advance for your help.

Taxi stopped adjacent to a parking spot for approx. one minute according to their images online.

I have until the end of the week to appeal.

Hope I have attached the links correctly.

https://ibb.co/vcDHsCV

https://ibb.co/vDVVq35
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post Tue, 12 Oct 2021 - 01:57
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newaccount
post Fri, 15 Oct 2021 - 14:55
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Typing it up as we speak, will upload in the next 10 mins or so.
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newaccount
post Fri, 15 Oct 2021 - 15:31
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Dear Sir/Madam,

re PCN xxxxxxxx

I wish to dispute the PCN issued to VRN xxxx xxx at High Point Village.

The driver stopped for approximately one minute and the case of Jopson v Homeguard, heard at Oxford Court on appeal in 2016, has already established that the likes of parking firms cannot override rights of way and easements.

The right to load/unload is not 'entering into a parking agreement' and the Senior Circuit Judge remarked that 'life in a block of flats would be unworkable' if all deliveries resulted in a parking charge alleging a contract existed in the minutes taken to temporarily unload.

No contract was formed. The driver will not be named and the PCN was posted to me, hence this appeal. There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

You've accessed my personal details with no reasonable cause, cease and desist from processing and I won't sue you for breach of DPA 2018.

Yours faithfully,
Registered keepers name

*I combined two other appeals and added in any points mentioned in this topic, it may need editing?*

This post has been edited by newaccount: Fri, 15 Oct 2021 - 15:32
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ag1
post Thu, 21 Oct 2021 - 10:34
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Appeal above failed.

14 days to pay reduced rate, 21 days to appeal to independent adjudicator but reduced fee will not apply.

Slightly surprised, first time an appeal against a private company has not worked for me.

Any suggestions? Can post the letter up shortly.

Thank you in advance.
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DWMB2
post Thu, 21 Oct 2021 - 10:42
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QUOTE (ag1 @ Thu, 21 Oct 2021 - 11:34) *
Appeal above failed.

14 days to pay reduced rate, 21 days to appeal to independent adjudicator but reduced fee will not apply.

Slightly surprised, first time an appeal against a private company has not worked for me.

I'm more surprised that you've had successful appeals in the past - most parking companies reject almost every appeal they receive.

The main thing to do now is wait and see if they escalate the matter to court - where you can defend their claim.

And, if they continue processing your data, then as you said you would in your appeal, you will presumably sue them for their apparent misuse of your data.


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ag1
post Thu, 21 Oct 2021 - 10:46
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Many thanks for the reply, the previous appeals have, I think, all been Tesco car parks.

So you think it's not worth taking it to the independent adjudicator?
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DWMB2
post Thu, 21 Oct 2021 - 10:56
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Unlike POPLA, the IAS tend to be a bit of a kangaroo court, with little prospect of success. They'll probably just claim the charge was 'correctly issued' - wait and see if others have a different view, but with the IAS it's often not worth the effort.


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nosferatu1001
post Thu, 21 Oct 2021 - 12:27
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The IAS are NOT independent. In any way shape or form. Their "adjudicators" are secret, the rules of evidence don't apply (they're the opposite of popla and court ) and you have around a 5% chance of success
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newaccount
post Sat, 23 Oct 2021 - 18:45
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Front and back of appeal rejection letter:

https://ibb.co/Y2Dh7Dw

https://ibb.co/ngZ8KPV

Sounds like the IAS are a waste of time, what is the likelihood they will take this to court and is it likely they will be successful?

Thank you in advance.
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Glacier2
post Sat, 23 Oct 2021 - 19:35
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Chances of going to court are quite high. You have a good chance of success.
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newaccount
post Sun, 24 Oct 2021 - 19:20
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Does the registered keeper have to go to court or can someone go on their behalf?

Factoring in driving there, parking and taking time off work it might not be worth the effort as I assume even if I win my expenses will not be paid.
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ostell
post Sun, 24 Oct 2021 - 19:41
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Limited expenses. Travel, parking and max £95 lost pay
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Sheffield Dave
post Sun, 24 Oct 2021 - 21:09
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Once a claim has been raised, whoever the claimant names as the defendant has to either pay up, or agree for the case to be heard "on the papers" (which is usually a good way to lose), or attend court, or pay a solicitor to represent them on the day.

The defendant can get a lay (unpaid) representative (e.g. a friend) to do the argument part of the talking at the hearing, but they still have to attend. They'll also still have to answer any questions put to them in their capacity as a witness.
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nosferatu1001
post Mon, 25 Oct 2021 - 12:03
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We're not approaching this from your time costs here. This is about whether you're liable, and any decision to give in to the robbing bastards is yours to make.

IF they behave unreasonably enough to trigger cpr27.14(2)(g) then you unlock more costs, but it's rare
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