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UKPPO PCN in wembley.

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  • UKPPO PCN in wembley.

    As suggested by the senior member, I'm starting a new thread. I had a PCN from the UKPPO for parking at the Wembley retail park. I had parked at the same place and they issued me same PCN with similar time limits as per one of the other threads here. One thing I am not sure if i had actually stayed for that long. second thing, why are the times similar. I had checked some other post on google which pointed out similar thing.
    I appealed to the UKPPO and got the same response. But in my they are asking why I was at the site. Which I believe it shouldn't concern them and also there is not contract to disclose it to them?
    Can you please advice what can I do next? Is it worth pursuing further to IAS as someone had some luck?
    Waiting for you response. Below is the reply which I got from the demons. I strongly believe this is the standard response which give to all the appeals and just change the reg number and timings.
    Thanks in advance


    "Dear Sir/Madam,
    Thank you for your letter of appeal against the Parking Charge Notice issued by us.
    Having carefully considered the evidence provided by you we have decided to reject your appeal for the following reasons:
    The vehicle was parked on private land that is well signed with blue & white contractual notices stating; 90 Minutes Maximum stay, No Return Within 1 Hour.
    Whilst I am unsure of the purpose of the visit to the site, as you have not stated why you were there, you are permitted to park for 90-minutes only. We are aware that this may sound harsh but, the site is extremely busy. Therefore, the landowner implemented a time restriction.
    A new Law from 1st October 2012 (part of the Protection of Freedoms Act) changed liability for parking on private land from the driver of the vehicle to the vehicles registered keeper, unless the keeper clearly identifies who was driving the car at the time.
    There are 24-contractual notices at the site that inform motorists of the contractual terms & conditions of parking at the site. These notices have been audited and approved by our Accredited Trade Association. Therefore, the signage in place is sufficient and adheres to current legislation
    Your time at the location starts once you have past the entry camera. The 90-minute stay includes time to read the signs/find a parking bay etc.
    Please be advised that the above vehicle registration mark was captured via the Automatic Number Plate Recognition system (ANPR) entering the parking area at 19:59:46 on the 04/09/2019
    and again upon exiting at 21:47:57, as can be seen on the photographic evidence that has been provided to you. Therefore, the driver exceeded the maximum stay and the cameras automatically issued a PCN. The vehicle remained at the location for 1 hr 48-minutes. Therefore, although the driver may have surpassed the mandatory grace period by a sort period of time, it was still adhered to.
    In Summation; the terms and conditions of the parking contract, and all charges, are well advertised throughout the development. By remaining at the location, the driver accepted all of the prevailing terms & conditions of the contract, including the charges for breach of that contract.
    You have now reached the end of our internal appeals procedure and have a number of options:
    1. Pay the Parking Charge Notice at the prevailing price of 60 within 14 days. Please note that after this time you will lose the chance to pay the discounted rate and the full amount of 100 will become payable.
    2. If you believe this decision is incorrect, you are entitled to appeal to the Independent Appeals Service (IAS). Please be advised that if you opt for independent arbitration of your case and are unsuccessful, the full amount of 100 will become payable. In order to appeal, you will need your parking charge number, your vehicle registration and the date the charge was originally issued. Appeals must be submitted to the IAS within 21 days of the date of this letter. Please visit www.theias.org for full details.
    3. If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.
    The Independent Appeals Service (www.theIAS.org) provides an Alternative Dispute Resolution scheme for disputes of this type. As you have complied with our internal appeals procedure you may use, and we will engage with, the IAS Standard Appeals Service providing you lodge an appeal to them within 21 days of this rejection."
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  • #2
    Why did you start a second thread? Any answers will be split between the threads

    Comment


    • #3
      you only suggested to start a new thread. thats the reason, i started this one

      Comment


      • #4
        So what us thus one ? https://legalbeagles.info/forums/for...pcn-in-wembley

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        • #5
          Apologies, i think that must have been clicked twice through my mobile as i was trying to post and it showed error.

          Comment


          • #6
            Any suggestions?

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            • #7
              Do not appeal to the IAS, you will lose

              You dont say what your appeal said but I would have suggested

              Dear Sirs,

              I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

              You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

              There is no legal requirement to name the driver at the time and I will not be doing so.

              I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

              Yours etc

              They have also not stated the required period of parking, as required by POFA. Photos taking while moving in front of a camera cannot, by definition, be parking.

              Wait for a letter before claim then come back. Ignore debt collectors

              Comment


              • #8
                Thank you for your advice. Will update you when i receive more correspondence

                Comment


                • #9
                  Hello!

                  Did you get anywhere with this?
                  I just received the exact same letter with the same duration (1:48) and an overstay of 18 minutes?! That's super weird and fishy to me... I'm almost certain I wasn't there for that long either...
                  Wondering how to respond and how to get out of this? Have looked at various other posts but find the jargon a little confusing.

                  Seems pretty odd that all the ones I've come across online have been for 18 minutes. Can't be THAT much of a coincidence?

                  Comment


                  • #10
                    Hi, sorry delayed reply. I had missed this post. After mgt last correspondence, i didn't receive any correspondence from them. But in December i started receiving debt collectors letters from the . Almost 3 letters threatening about the credit decline and to pay up etc. What have you received @alleggett ?

                    Comment


                    • #11
                      Hi ostell, i wanted to check. When i received the debt collectors letters they mentioned about this court case (link below) and said its illegal to not to pay. Are you aware about this and can let me know if this is true.* * *https://www.supremecourt.uk/cases/uk...5-0116.html.* *your help will be much appreciated. Jims

                      Comment


                      • #12
                        It is the Beavis case that went to the supreme court.* Like most debt collectors they are a little bit sparse with the truth.* Beavis does not make it illegal not to pay, in fact in cannot be illegal as it was a civil case where legality does not come into it.* Scare tactics

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                        • #13
                          Thank you. Is there any suggestions what shall I do next? Shall i reply to parking patrol as per my previous posts?

                          Comment

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