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Best way to appeal a "not clearly displayed" PCN from UKPC, Ticket had blown upside down but was still on the dashboard
banana37
post Sat, 17 Nov 2018 - 22:16
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Hi
I am looking for advice on the best way to deal with this PCN.
The ticket had blown upside down and was still on the dashboard.
UKPC issued a PCN and have evidenced this with photos showing the overturned ticket on the dashboard, and the car in situ, with the PCN attached, and with sufficient background to show where it was parked.
The car park in question was the Cambridge Close retail park in Aylesbury.
I am in possession of receipts from shops on the retail park, including the purchase of frozen foods just before we left the park, well within the 2 hours free parking the ticket was valid for.

What's the best way to contest this PCN? I've spent a day reading around here and on MSE and become quite confused about what advice/methods are still valid, and what the situation is given that a ticket had been obtained and displayed.

FWIW, the ticket says "DISPLAY CLEARLY ON DASHBOARD" but does not say which side should face up. Is that a path of defence? (While reading around, I noticed some tickets do specify which way up they should be displayed). The ticket also has what appears to be a printed serial number front and back, can it be argued that that should that have been used to validate the ticket?

Will it help if a redacted image of the PCN is posted?

TIA.

This post has been edited by banana37: Sat, 17 Nov 2018 - 22:43
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post Sat, 17 Nov 2018 - 22:16
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ostell
post Sat, 17 Nov 2018 - 22:44
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Yes a redacted PCN always helps. But leave the dates.

Go in and complain to the shops that the driver used and ask them to cancel.
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banana37
post Sat, 17 Nov 2018 - 23:13
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Hi,
Thanks for the quick reply.

I think I've managed to attach the PCN. When I attach the PCN image it uploads then disappears from the attachment editor box. Not sure where it's going? I resized it to be less than 1.95MB.

I've already phoned one of the shops and they say that they cannot do anything about the charge. I've emailed their head office along with that of the other shop goods were purchased at.

TIA.

This post has been edited by banana37: Sat, 17 Nov 2018 - 23:20
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ostell
post Sun, 18 Nov 2018 - 09:24
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Host you picture on another site and link to it from here.
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banana37
post Sun, 18 Nov 2018 - 17:06
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Here is the PCN:
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Jlc
post Sun, 18 Nov 2018 - 17:38
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With NtD's the usual advice is to appeal as the keeper around day 24. They have to access the DVLA to start to engage keeper liability.

As long as they 'forget' to do this then POPLA will uphold a lack of 'keeper liability' assertion.

This post has been edited by Jlc: Sun, 18 Nov 2018 - 17:38


--------------------
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.
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banana37
post Tue, 20 Nov 2018 - 21:04
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So to clarify my understanding, these are the possible outcomes from appealing to the PPC at day ~24:

* appeal successful, job done
* NTK does not happen at correct time, POPLA appeal successful, job done
* NTK happens in correct window, POPLA appeal not successful, what are the next steps here?

TIA
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Jlc
post Tue, 20 Nov 2018 - 21:19
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Defend a court claim if they pursue one.


--------------------
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.
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ostell
post Tue, 20 Nov 2018 - 21:20
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PPC "forget" to contact DVLA as they have your details, you win
PPC "forget" to issue a NTK, you win. They have till day 56 to issue the NTK
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The Rookie
post Wed, 21 Nov 2018 - 07:25
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QUOTE (banana37 @ Tue, 20 Nov 2018 - 21:04) *
So to clarify my understanding, these are the possible outcomes from appealing to the PPC at day ~24:

* appeal successful, job done
* NTK does not happen at correct time, POPLA appeal successful, job done
* NTK happens in correct window, POPLA appeal not successful, what are the next steps here?

TIA

Why would your POPLA appeal fail, you have a lot more appeal points than ‘NTK does not happen in correct window’, you complied with what the signage said, add in standing, clearly unconscionable under the circumstances, and also attack the signage visibility and content.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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nosferatu1001
post Wed, 21 Nov 2018 - 10:18
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Also the NtK still has to have all the required information on it - its not just "anything" that can turn up.
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bobthesod
post Wed, 21 Nov 2018 - 16:55
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Banana

When you reply to them on day 24 Please please please make a discreet error either in your name or address EG Mr banaan nstead of banana or

If there is a dstrict you live in, which is NOT shown on the V5 eg the V5 shows Mr B 1 High St Exeter Ex11aa but you live a 1 High st 'someplace' Exeter Ex1 1aa put the someplace location in

IF they reply using the misprint/ addition it shows they have not contacted the DVLA
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banana37
post Sat, 24 Nov 2018 - 18:30
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Thanks everyone for all the suggestions.

Fortunately, I'm not going to need them. Despite not being able to promise anything, Hobbycraft thumbsup.gif customer services were both helpful and, more importantly, listened to by UKPC who cancelled the ticket. I know where I'll be getting my Christmas gifts!
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SchoolRunMum
post Sun, 25 Nov 2018 - 20:09
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Glad to hear it.

Parking firms are ruining retail parks, and high street shopping too in some cases where the only parking is with a scammer, and people get a PCN then never return.
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