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PCN Roehampton - Help!
Am15
post Thu, 2 Dec 2021 - 20:17
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Hi there,

The driver received a Parking Charge Notice at Roehampton University from First Parking LLP. The driver parked in a bay that stated it was for 'Roehampton Maintenance'.
There was no indication that the driver could be fined for parking here

The reason for the fine seems very unreasonable and wondering if it can be appealed or get away with not paying this ticket as the reasoning they have put is for 'causing obstruction'.
There isn't actually any indication of how the driver caused an obstruction and so how can they prove this?

Images of the ticket the driver received that was attached to windscreen below.

I would appreciate any feedback. Thanks

This post has been edited by Am15: Sun, 5 Dec 2021 - 22:24
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post Thu, 2 Dec 2021 - 20:17
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DWMB2
post Sat, 18 Dec 2021 - 21:53
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Definitely don't say "yes" to the driver question, but only click "no" if you actually weren't the driver of course, lying in writing would be very unwise (don't tell us on here either way).

If the only options are yes/no you might be better sending an appeal by post.

QUOTE
Within the appeal should I also state that there is no legal requirement to name the driver at the time and I will not be doing so ?
Yes you can mention this

This post has been edited by DWMB2: Sat, 18 Dec 2021 - 21:58


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Am15
post Sat, 18 Dec 2021 - 22:54
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QUOTE (ostell @ Sat, 18 Dec 2021 - 21:53) *
Continue with you are the registered keeper. Don't let on that you know more about this then they think by not saying you don't have to name the driver

What's the couple of lines that are associated with the "I was the ddiver " statement

If you are doing this online then complete on day 28. With their 28 days that takes you up to day 56, the limit for them to send a POFA compluant NTK.


Thanks for that!

The line underneath just states :

When assessing your appeal, First Parking may share your appeal information with our client. First Parking may also conduct a search with a credit bureau.


QUOTE (DWMB2 @ Sat, 18 Dec 2021 - 21:53) *
Definitely don't say "yes" to the driver question, but only click "no" if you actually weren't the driver of course, lying in writing would be very unwise (don't tell us on here either way).

If the only options are yes/no you might be better sending an appeal by post.

QUOTE
Within the appeal should I also state that there is no legal requirement to name the driver at the time and I will not be doing so ?
Yes you can mention this


Ok thanks for that. It looks like its not a required answer anyway as there is no *

This post has been edited by Am15: Sat, 18 Dec 2021 - 22:52
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DWMB2
post Sat, 18 Dec 2021 - 23:15
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ostell's post crossed with mine, on reflection they make a good point re. not letting on you know as much as you do, so I'd agree with their recommendation of leaving out the "no requirement to name the driver" statement.

QUOTE (Am15 @ Sat, 18 Dec 2021 - 22:54) *
Ok thanks for that. It looks like its not a required answer anyway as there is no *

Perfect - just make sure there's definitely an option to leave it blank (ie it doesn't default to one option)

This post has been edited by DWMB2: Sat, 18 Dec 2021 - 23:16


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Am15
post Sat, 18 Dec 2021 - 23:27
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QUOTE (DWMB2 @ Sat, 18 Dec 2021 - 23:15) *
ostell's post crossed with mine, on reflection they make a good point re. not letting on you know as much as you do, so I'd agree with their recommendation of leaving out the "no requirement to name the driver" statement.

Yep noted

QUOTE (Am15 @ Sat, 18 Dec 2021 - 22:54) *
Ok thanks for that. It looks like its not a required answer anyway as there is no *

Perfect - just make sure there's definitely an option to leave it blank (ie it doesn't default to one option)


Ahh yes thanks for mentioning that, will be sure to see if it defaults
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Am15
post Thu, 23 Dec 2021 - 17:01
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Hi all, The appeal was rejected yesterday. What is the best course of action now?
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Jlc
post Thu, 23 Dec 2021 - 18:02
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QUOTE (Am15 @ Thu, 23 Dec 2021 - 17:01) *
What is the best course of action now?

Appeal to POPLA. But please post your appeal here first - I think this is winnable...


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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 Thu, 23 Dec 2021 - 18:36
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Wait ! The object is to make them fail to issue a NTK.. Only another 26 days to go.

You can take their mind off it by objecting to the rejection
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Am15
post Sat, 19 Feb 2022 - 12:25
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Update - No NTK was sent but the keeper received a letter from DCBL (sent to address that the vehicle is not registered at but one keeper provided when appealing, don't know if this makes a difference?). Link to letter:

https://imgur.com/a/bJtHZB8

At this point I'm wondering if anything else can be done or if its best to cough up?
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nosferatu1001
post Sat, 19 Feb 2022 - 12:30
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No ntk was RECEIVED. You don't know f they sent one.

No, addrsss makes no odds. In fact you'd want this to be the case.

Why would you cough up when. They can't hold the keeper liable?
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Am15
post Sun, 20 Feb 2022 - 12:44
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On the back of the letter it states that liability can be transferred to registered keeper. Link to image of letter - https://imgur.com/a/s7vWYvW

So how can this be disputed?
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nosferatu1001
post Sun, 20 Feb 2022 - 16:03
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Please don't paraphrase. It says CAN be transferred. Not that it does. Also, dcbl haven't got a clue

You know why no ntk being received is important, keeper liability is impossible without one.
Have yiu checked with the dvla that no access was made to your records?
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Am15
post Mon, 21 Feb 2022 - 11:47
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Apologies I'm new to this, thanks for clarifying.
How can I check if they have requested access from DVLA? Is it just a case of calling them?
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nosferatu1001
post Mon, 21 Feb 2022 - 13:03
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Subject access request
Please tell me the details of any access made to the keepers records between x and y dates.
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Am15
post Tue, 15 Mar 2022 - 12:26
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I have received confirmation that no access was requested for keepers details. I have also since received another letter from dcbl
https://imgur.com/a/kGQ9V4J

What would be the next steps now if legal proceedings were taken?
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nosferatu1001
post Tue, 15 Mar 2022 - 12:34
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Respond back to dcbl stating that, as their client and they are aware, one requirement of keepe liability is to request keeper data from the SoS in guise of the dvla. As confirmed by the dvla, your client failed to do so. As such, your statements to the effect that I am liable as keeper are a misrepresentation.

Cancel the pcn or contact the driver, but cease contact with me. Continuing to contact me is a breach of the protection from harassment act, as you are completely aware I have no liability in this matter
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The Rookie
post Tue, 15 Mar 2022 - 12:51
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QUOTE (Jlc @ Thu, 23 Dec 2021 - 18:02) *
QUOTE (Am15 @ Thu, 23 Dec 2021 - 17:01) *
What is the best course of action now?

Appeal to POPLA. But please post your appeal here first - I think this is winnable...

And?


--------------------
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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Am15
post Tue, 15 Mar 2022 - 14:31
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QUOTE (nosferatu1001 @ Tue, 15 Mar 2022 - 12:34) *
Respond back to dcbl stating that, as their client and they are aware, one requirement of keepe liability is to request keeper data from the SoS in guise of the dvla. As confirmed by the dvla, your client failed to do so. As such, your statements to the effect that I am liable as keeper are a misrepresentation.

Cancel the pcn or contact the driver, but cease contact with me. Continuing to contact me is a breach of the protection from harassment act, as you are completely aware I have no liability in this matter


Would it best to respond in writing via post as opposed to telephone?
Also what is the SoS?

This post has been edited by Am15: Tue, 15 Mar 2022 - 14:33
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DWMB2
post Tue, 15 Mar 2022 - 14:42
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QUOTE (Am15 @ Tue, 15 Mar 2022 - 14:31) *
Would it best to respond in writing via post as opposed to telephone?
Also what is the SoS?

Always writing. If you do it by telephone, what record do you have of what you said? SoS = Secretary of State.

As The Rookie asked, what happened with your POPLA appeal?


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Am15
post Tue, 15 Mar 2022 - 14:54
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QUOTE (DWMB2 @ Tue, 15 Mar 2022 - 14:42) *
QUOTE (Am15 @ Tue, 15 Mar 2022 - 14:31) *
Would it best to respond in writing via post as opposed to telephone?
Also what is the SoS?

Always writing. If you do it by telephone, what record do you have of what you said? SoS = Secretary of State.

As The Rookie asked, what happened with your POPLA appeal?


Regretfully An appeal to Popla wasn't made
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The Rookie
post Tue, 15 Mar 2022 - 16:24
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"Big mistake, HUGE" - Vivian Ward

Now you need to be prepared to defend this is court which will be a lot more work and a lesser chances of success.


--------------------
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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