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Please I need help for continued PCN from 2013

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  • Please I need help for continued PCN from 2013

    Hi,
    Ok where to start, we received a PCN back in 2013 through an ANPR camera at Ashton Retail Park. After a lot of help from BMPA the case against my wife was dropped in the last two days before
    she would have to appear in court and thought that was the end of the harassment. As you can imagine this was a great relief for my wife who is disabled. This all stems from an alledged over stay and no valid ticket shown. The car park offers a free 30 minutes stay with no purchase of ticket. When we where leaving the exit was blocked by a delivery van so we ended up staying 46 minutes which is an overstay of 16 minutes. Back then I was told wrongly to ignor the PCN as they had no power which led to Debt Collection company's and then finally BW Legal and then court. Long story they where pursuing the owner not the driver but they had the information of the driver in 2014. They eventually dropped the case like I said at the beginning.

    In November 2017 I receive the exact same PCN but now with my name on there. I contacted BMPA and they told me what to write in reply, reminding them that they have had my defense for 3 1/2 years which I resent the original appeal back to them asking them to decide whether or not to cancel the PCN or allow a POPLA appeal. I heard nothing back until the 13 March where they resent the exact same PCN notice with just the date changed. This PCN is exactly the same offering an appeal through POPLA, still showing the BPA accredited logo etc. So I contacted BMPA who advised me to write back to the parking company asking them to highlight why they have ignored my communication with them and not given me a POPLA code as required by the Code of Practice applicable at the time.

    A few weeks later I receive a letter from the parking company telling me that they have rejected the appeal on the grounds that the car park signs make clear that a valid ticket must be shown under their terms and conditions and that if I was blocked from exit I should have contacted the help number on the back of the ticket. I'll repeat what that the car park offers 30 minutes free parking with no ticket purchase necessary. Also they no longer use BPA so cannot supply me with a POPLA appeal and I must now contact the IPC. Also they add that I can't contact the parking company as they will no longer accept them at that office.

    I am at a loss of what to do now as I contacted BMPA to no reply, I have only found out that BMPA has now changed to PADI which from what I've been told is a self help site now. I really need help with this has now gone on for years and don't know who to turn to.

    Thanks in advance.
    Dave.
    Tags: None

  • #2
    tagging ostell xx
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    • #3
      Have you got, or can you get, a photo of the signs that show no ticket necessary, though the signs may have been changed.

      You could ask how you were expected to phone the number on the nonexistent ticket when it is against the law to phone while driving.

      The response to this would be frustration of contract as you wee complying with the terms of their contract but matters occurred outside of your control that prevented you fulfilling the contract

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      • #4
        Hello and thanks for getting back to me on this.

        Yes I have all the photo's of the car park as when my wife was taken to court over it we had everything prepared for court.

        Comment


        • #5
          Hello,
          The problem I cannot understand is this changing from BPA to IPC. The PCN they supplied twice since November still carries the BPA and POPLA appeal notice on the back. Under BPA as my wife is disabled she is afforded extra time to exit anyway but under the new rules they only allow "minimum of 10 minutes". They are not even recognizing the 30 minutes free you get. Also now I have to contact this IPC as Excel will not accept any other appeal. Same happened to my wife they refused to accept correspondence.

          Comment


          • #6
            You don't appeal to the IPC, you will lose. If their notice has the BPA round logo then you demand a POPLA code. If it's just the square BPA logo then they are not a member that can raise POPLA appeals.

            Your wife is disabled ( blue badge?) so they are required by the Equality Act 2010 (have I got the name correct?) to make extra allowance. Not to do so is criminal.

            Comment


            • #7
              Well the signs now have a sticker on there with IPC logo but the letters ( PCN ) all carry the round BPA logo on the back with the statement that Excel Parking are approved operators of BPA even though they are not part of BPA since 2015.

              Yes my wife is disabled as displayed blue badges, they also know this as they contacted DVLA for the drivers details which my wife is the owner not the driver.

              So I should continue to contact Excel regardless and state that as their PCN offers BPA POPLA for an appeal option that is what I should receive and
              mention that as they are aware of the fact that the vehicle is a disabled vehicle they should allow more time for exit as stated in the Equality Act 2010.

              Can anyone point me in the direction of the section in the Equality Act which deals with this.

              Comment


              • #8
                case against my wife was dropped in the last two days before she would have to appear in court. .........


                .......... finally BW Legal and then court. Long story they where pursuing the owner not the driver but they had the information of the driver in 2014. They eventually dropped the case like I said at the beginning.
                So BW Legal brought a court claim agianst you and dropped it two days before the hearing ? How did they drop it? Was it a notice of discontinuance ?

                You'd submitted a defence in the case and that means they must apply to court for permission to bring the case ( on the same cause of action) again.
                #staysafestayhome

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                • #9
                  As I understand it the original claim was against the registered keeper, the OP's wife. They didn't win that one but have come back to try against who they believe was the driver at the time.

                  You were not parked in the car park, the time between the cameras is not parking, the car was moving.

                  P.S. There's no such thing as a registered owner, there's the owner, the registered keeper, the keeper and the driver. All separate entities.

                  Comment


                  • #10
                    So BW Legal brought a court claim agianst you and dropped it two days before the hearing ? How did they drop it? Was it a notice of discontinuance ?

                    You'd submitted a defence in the case and that means they must apply to court for permission to bring the case ( on the same cause of action) again.
                    Yes, BW Legal acting for Excel brought the court claim against my wife who was the registered keeper of the vehicle and after going though all the court procedures, all data recovery etc 2 days before the court date we received a Notice of Discontinuance marked on the court paper to discontinue all of this claim. Do you mean that they can not take this to court ??

                    P.S. There's no such thing as a registered owner, there's the owner, the registered keeper, the keeper and the driver. All separate entities.
                    Yeah sorry I what I meant to say was my wife was the registered keeper of the vehicle but the car is a registered motability car at dvla owned by the motability scheme.

                    How should I proceed with this? What course of action can/should I take? Should I contact Excel and demand a POPLA appeal as that would have been valid at the time of their PCN.

                    Thanks in advance.
                    Dave

                    Any help you can offer would be great.

                    Comment

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