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Full Version: PCN from 'One Parking Solution' (Parking without permit on display)
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WhaleScenery
Hello all,

My vehicle was the unfortunate recipient of a PCN from a PPC called 'One Parking Solution LTD'.

It was parked in a permit-only car park adjacent to an office block (which it is parked at regularly), but the car was newly purchased - on this particular occasion the permit was mistakenly left in the glove box by the driver.

The notice to driver (i.e. windscreen ticket) was placed on the vehicle some time ago. I sent an appeal via post (as the registered keeper of the vehicle), and this was received by the PPC exactly 27 days after the issue of the NTD.

I received a response in the post 11 days after I sent my appeal (for those not counting, this is now 38 days after the issue of the NTD).

To absolutely nobody's surprise, the appeal has been denied - and even less surprisingly, they've made absolutely zero effort to address any of the points I made. However, I have been given a POPLA code.

Among other things, my appeal was given on the basis that;

  • Their interest in the land is insufficient to offer contracts (i.e. they were asked to provide a copy of their contract with the landowner - they have not done so).
  • They failed to prove that they had entered into a valid contract with the driver
  • They failed to show that the charge is a genuine pre-estimate of loss and not just an unenforceable penalty (i.e. they were asked to provide a breakdown of costs applicable to the issue of the charge - they have not done so)
  • They failed to show that they have complied with all requirements of the Protection of Freedoms Act 2012 to constitute Keeper Liability


I expect that I have enough information to appeal to POPLA on the basis of those points - but I suspect that I could make my appeal to POPLA even better. I have not yet received a Notice to Keeper (NTK), and I'm beginning to suspect that I won't - the 56-day NTK deadline is getting pretty close.

Do you think I should wait until the deadline has passed so that I can appeal to POPLA on the basis of their failure to prove keeper liability under PoFA 2012 (in addition to the other points)?

Let me know what you think. I can provide all relevant paperwork if you'd like to look over it!

Thanks.
ostell
Wait till after the 56 days so they have failed the NTK. While you are waiting contact the DVLA and see if they have been contacted for your details. If not another POFA fail
cabbyman
SubjectAccess.Requests@dvla.gsi.gov.uk
Jlc
Do not mention 'loss'. POPLA will not entertain it.
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