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ANPR from ticket from Car Flow, Paid Money but the event I went to overran!
blankwall
post Thu, 1 Nov 2018 - 11:39
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What is a suitable solution in this case please?
A friend bought the parking for a show I went to, the car park has ANPR and no paper ticketing system and then I received a bill saying too little was paid for parking.

I was thinking of just sending the additional £1.50 to them (!), admitting no liability etc.
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post Thu, 1 Nov 2018 - 11:39
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nosferatu1001
post Thu, 1 Nov 2018 - 12:21
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Nope, that wont work. Not at all. Dont even consider it.

Make sure the driver is NOT identified. I can make a fair guess at who that was.

So, the driver parked.... no I, she, he etc.

Do that first.
Once you have done, post up a copy of the NtK, redacted of personal info but LEAVE IN DATES.
What date was the NtK received?
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blankwall
post Sun, 18 Nov 2018 - 23:08
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Hi there, thanks for your reply.

NtK was received 28th October, maybe 27th.

Here is a redacted image: http://i68.tinypic.com/14dkh15.jpg


Any help would be great.

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nosferatu1001
post Mon, 19 Nov 2018 - 08:13
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In the last 2 weeks have you done any research?
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Redivi
post Mon, 19 Nov 2018 - 09:23
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According to POFA, a Parking Notice issued on Thurs 25th October is deemed delivered two business days later on Mon 29th

Not quite late enough to be outside the 14 days deadline

What does the back of the PCN say about POFA ?
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ostell
post Mon, 19 Nov 2018 - 09:26
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And it's probably too late to edit the original post to remove the hint at the driver.

I would say this applies:

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

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 you 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.

Yours etc


But please check for yourself.
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blankwall
post Mon, 19 Nov 2018 - 12:10
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Hi there - thanks for these - very helpful.

I did a lot of research but it didn't really get me anywhere so I have come crawling back!

This is the back of the form:
http://i64.tinypic.com/15xl4qc.jpg



Looks like they say they will come after the registered keeper if they are not the driver so they will still attempt to chase me.
Can't edit the original post but I wasn't the driver.
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ostell
post Mon, 19 Nov 2018 - 12:38
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So here's POFA Read it and see what is missing from the notice.
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blankwall
post Tue, 20 Nov 2018 - 17:27
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POFA seems bizarre!

It's basically a document legitimising the parasitic parking industry?
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Jlc
post Tue, 20 Nov 2018 - 17:37
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QUOTE (blankwall @ Tue, 20 Nov 2018 - 17:27) *
POFA seems bizarre!

It's basically a document legitimising the parasitic parking industry?

Indeed, think of those poor landholders and the carmageddon that would ensue...

But PoFA is only about the ability to pursue keepers for the driver’s parking charge.

This post has been edited by Jlc: Tue, 20 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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blankwall
post Wed, 28 Nov 2018 - 17:25
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I have had another FINAL DEMAND from the company.
I imagine this is one to ignore?
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blankwall
post Sat, 1 Dec 2018 - 09:24
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And now a notice of pending legal action with pictures of their signage.

No reply to this however:

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

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 you 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.

Yours etc
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ostell
post Sat, 1 Dec 2018 - 09:34
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Did you get a certificate of posting for that appeal? If so then then to tem again, enclose a copy of the Certificate and ask them why they have not responded. Because of this lack of response you are entitled to assume that your appeal has been accepted and yet they have gone to debt collector letters without issuing a POPLA code, as required by their trade association, the BPA.
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blankwall
post Fri, 7 Dec 2018 - 10:55
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I mysteriously received no acknowledgement but I get get a very long Popla appeals notice with zero explanation.
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nosferatu1001
post Fri, 7 Dec 2018 - 12:03
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Huh? That sentence doesnt make any sense.

Did they reject your appeal? Yes or No?
Di they provide a POPLA appeals code? Yes or No?

If YES then you need to compile your appeal...
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blankwall
post Sun, 16 Dec 2018 - 22:35
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Didn't get a code, I got a multi page POPLA appeals form in the post after telling them "There is no legal requirement to name the driver at the time and I will not be doing so."


I take it that's not normal?
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nosferatu1001
post Mon, 17 Dec 2018 - 09:04
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They HAVE to provide you a code
Without it you cannot appeal to POPLA
Have you double checked that the ocde isnt hidden? From memory its 10 digits

If they did not provide a code then you complain to the BPA and state you rquier the charge is cancelled as failing to follow the CoP means this is a PENALTY that cannot be recovered under UK Law. The Supreme Court stated so.
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blankwall
post Mon, 17 Dec 2018 - 14:29
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I have been a complete flake on this thread.
Apologies to all who have helped.

There is a POPLA code on the letter along with some text saying they are complying with Schedule 4 of the Protection of Freedoms Act.

Should I bother with the POPLA appeal?
It seems all of this is a bizarre game for them all.
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nosferatu1001
post Mon, 17 Dec 2018 - 15:46
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No, its not a game. Its how they make money. They take making money seriously.

Shock, they state they have complied, yet you know they havent! Its almost like this bunch of lying fraudsters might, possibly, be lying to you in an attempt to defraud you.

Well, you could bother with a POPLA appeal where a Keeper appellant should certainly win, costing them £30 and forcing them to cancel it, or ... not?

One way seems sensible, the other doesnt...
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cabbyman
post Mon, 17 Dec 2018 - 16:07
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In other words, start researching other threads, draft your POPLA appeal and post it here for fine tuning. However, don't hang about; by my reckoning you may only have a week or two left to submit your appeal....with Christmas in the middle!


--------------------
Cabbyman 11 PPCs 0
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