National Parking Enforcement, At last but not me. :) Options

[Broadsman]

Hi all,

Finally I have in my possession an invoice from the fraudster at NPE. I didn't earn this one myself but was approached by someone who did.

This one was earned at the UEA which I've always had my doubts about as I'm under the impression that the UEA and the fraudster share data, breaking GDPR. I'll find out if that is true when the person that earned this invoice graduates in the Summer.

T'was a P & D car park, their lecture overran by 20 minutes.

I'll appeal this on behalf of others but only to the fraudster, I won't bother with the kangaroo court at IPC and will ignore, well laugh at, all other mail through the door except official court documents (yeah right, stop laughing at the back).

Anyway, the begging letter can be found at https://imgur.com/a/J2RbMiY

My appeal, taken from MSE. Do I need to change or add/delete anything?

Thanks in advance



Dear Fraudster,

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,

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[ostell]

You haven't said if there was a windscreen ticket or not but the text gives the impression that there was not so they have failed to deliver the Notice to Keeper within the relevant period of 14 days. You deleted the dates. Only the unknown driver can be held liable and there is no requirement to identify the driver.
If applicable then you will find plenty of appeals for out of time on here under my name

This post has been edited by ostell: Sat, 15 Dec 2018 - 20:50

[SchoolRunMum]

The above template is fine as it also asks for the VRN payments list from the PDT machine, and if it doesn't arrive with the rejection letter then the NPE non-victim can email their Data Protection Officer using the email that's probably given n NPE's data Privacy page, and demand all data including the PDT machine list where the VRN and/or payment was processed and stored.

Then ignore unless they try a small claim within 6 years. Nothing to worry about, as you know.

[ostell]

On the assumption that parking is provided for the use of students attending lectures then the delay is frustration of contract, ie matters beyond the control of the driver caused the contract to be broken.

[Broadsman]

You haven't said if there was a windscreen ticket or not but the text gives the impression that there was not so they have failed to deliver the Notice to Keeper within the relevant period of 14 days. You deleted the dates. Only the unknown driver can be held liable and there is no requirement to identify the driver.
If applicable then you will find plenty of appeals for out of time on here under my name

Hi Ostell et al,

There was a windscreen ticket, obviously ignored.

[Churchmouse]

On the assumption that parking is provided for the use of students attending lectures then the delay is frustration of contract, ie matters beyond the control of the driver caused the contract to be broken.

In theory. Has any court in the UK ever used this argument in a private parking case in finding for the defendant?

--Churchmouse

[ostell]

The suggestion was for frustration to be used alongside any other arguments.

I believe frustration has been successful before, though I can't remember where and when.

This is surely a case when the University should be involved as it was their lecture that ran late and their students (clients) are suffering as a result.

This post has been edited by ostell: Sun, 16 Dec 2018 - 12:34

[Sheffield Dave]

I can't see frustration having wings here. Barry Beavis was a legitimate customer, and over-ran his free parking allowance entirely due to the tardiness of the retailer. The Supreme Court still agreed he should pay.

[SchoolRunMum]

True, but no-one included that argument in Barry's case (despite some suggesting it should be included, way back when, along with evidence that the retailers hated ParkingEye and at least one would almost certainly have signed a WS that could potentially have cast doubt on the legitimate interest crap that the wrinkly Judges ran with).

None of that was used or tested in the Beavis case.

None of the Judges at any stage even asked why he was delayed, and the information was not mentioned. No-one cared about the consumer in their race to twist the penalty rule.

This post has been edited by SchoolRunMum: Sun, 16 Dec 2018 - 17:08

[Broadsman]

Morning all,

Appeal in.

Interesting that on the first appeal the screen shows NPM as attached.

https://i.imgur.com/XnVEIrJ.jpg

[SchoolRunMum]

So NPE are sharing your data with NPM without your consent?

This post has been edited by SchoolRunMum: Wed, 19 Dec 2018 - 18:38