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FightBack Forums > Queries > Private Parking Tickets & Clamping
PCNdriverhelp
I am in need of some advice with an appeal, and best method!...

The driver (who is closely related to the RK), parked on a small cobbled side street. They saw some signage on the house opposite, and a further sign by a different parking firm towards the top of the street (including a clamping sign). The vehicle was parked at the bottom of the street on a side of the road where they are no signs.

Car is the red car. Location is Brandon Street, Leeds.

Pictures of car parked and NTK here:
https://ibb.co/zrSnYbd
https://ibb.co/hDY437Y
https://ibb.co/2cr5KDw
https://ibb.co/LzC1zn6
https://ibb.co/9hkn4D0

Sign Opposite Care: https://ibb.co/F8mWt5K
Sign Up the street (on the right in the picture): https://ibb.co/zVVRM0x


Question is, should the registered keeper name the driver and let them sort (the RG is slightly nervous about having this in their name). And does the driver have grounds to appeal based on the signage? (or the NtK that was received)

Thanks in advance!

doreen4161
you don't need to name the driver. If you do decide to do that , then it resets the clock and you will be out of the loop.

What does it say about POFA on your ticket
PCNdriverhelp
QUOTE (doreen4161 @ Sat, 29 Feb 2020 - 21:13) *
you don't need to name the driver. If you do decide to do that , then it resets the clock and you will be out of the loop.

What does it say about POFA on your ticket


Its on the back of letter here. Not much I can see ?
https://ibb.co/9hkn4D0
Umkomaas
As the NtK states that the PCN was issued via a windscreen ticket, please provide the following:

Date of parking incident

Date of 'sending' (as shown on the NtK)
ostell
Is this street maintained by the council? Check on their website
PCNdriverhelp
QUOTE (Umkomaas @ Sun, 1 Mar 2020 - 09:16) *
As the NtK states that the PCN was issued via a windscreen ticket, please provide the following:

Date of parking incident

Date of 'sending' (as shown on the NtK)


Date of Parking Incident: 21st January
Date of Sending NtK: 24th February
PCNdriverhelp
QUOTE (ostell @ Sun, 1 Mar 2020 - 09:44) *
Is this street maintained by the council? Check on their website


Leeds Gov Website says it is private road. Confusing as I counted three or four different parking signs (and none where the vehicle was parked other than the sign at the other side of the road. Only explanation is that you have to cross the land that UKCPS represents to get to the properties at the top of the road.

I am thinking...

Write to them and admit the RK was not the driver (this alleviates the worry of the RK). Then the driver can appeal to IAS based on no adequate/confusing signage/don't own the land?
doreen4161
They will only reject it.

what is the length of time between the date of ticket and you receiving it
PCNdriverhelp
QUOTE (doreen4161 @ Sun, 1 Mar 2020 - 15:54) *
They will only reject it.

what is the length of time between the date of ticket and you receiving it


Yes, but better to go through the IAS appeal process than wait for court letter?

Received windscreen ticket 21st January, NtK received 24th February
Umkomaas
QUOTE (PCNdriverhelp @ Sun, 1 Mar 2020 - 17:11) *
QUOTE (doreen4161 @ Sun, 1 Mar 2020 - 15:54) *
They will only reject it.

what is the length of time between the date of ticket and you receiving it


Yes, but better to go through the IAS appeal process than wait for court letter?

Received windscreen ticket 21st January, NtK received 24th February

You will lose at the IAS and that will give the PPC added confidence to place it before a Judge who might be swayed by the decision of an 'independent' assessor, especially as (according to the IPC) each one is legally qualified, either a solicitor or a barrister. Don't go there - standard advice across all private parking fight-back forums.

Thanks for confirming the dates - they are in line with PoFA requirements.
PCNdriverhelp
QUOTE (Umkomaas @ Sun, 1 Mar 2020 - 18:02) *
QUOTE (PCNdriverhelp @ Sun, 1 Mar 2020 - 17:11) *
QUOTE (doreen4161 @ Sun, 1 Mar 2020 - 15:54) *
They will only reject it.

what is the length of time between the date of ticket and you receiving it


Yes, but better to go through the IAS appeal process than wait for court letter?

Received windscreen ticket 21st January, NtK received 24th February

You will lose at the IAS and that will give the PPC added confidence to place it before a Judge who might be swayed by the decision of an 'independent' assessor, especially as (according to the IPC) each one is legally qualified, either a solicitor or a barrister. Don't go there - standard advice across all private parking fight-back forums.

Thanks for confirming the dates - they are in line with PoFA requirements.



I thought IAS were like POPLA but seems not! Will wait for court letter if it happens. Thanks for the advice
The Rookie
The IAS is 'like POPLA' in that its an appeals service run by the ATA to satisfy the DVLA, but that is where it starts and ends.

Your only sure fire win at POPLA here would be lack of PoFA compliance which you were proposing to give up anyway?
PCNdriverhelp
QUOTE (The Rookie @ Mon, 2 Mar 2020 - 08:37) *
The IAS is 'like POPLA' in that its an appeals service run by the ATA to satisfy the DVLA, but that is where it starts and ends.

Your only sure fire win at POPLA here would be lack of PoFA compliance which you were proposing to give up anyway?



I wasn't proposing to give up just didn't think I had an argument as they have compiled with PoFA? So is it best leaving it to court, and leave my defence as being inadequate signage?
nosferatu1001
They made it with TIMESCALES, that is not th eonly element they have to meet. Have you read POFA2012 schedule 4 para 8? Yes or no.
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