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Corporate Services parking Management (Hereford) NTK received.

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  • #16
    Hello Ostell,
    so the appeal to the Parking Company is in........ I won’t hold my breath for a positive outcome !
    Having Emailed both the Nature Trust and The Council........... the councils reply was simply “It is owned by The Hereford Nature Trust” and nothing further !

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    • #17
      Have a look at this web page, http://www.queenswoodandbodenhamlake...bout_the_trust , the small text under the first photo. The person that replied doesn't understand the difference between landholder and landowner.

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      • #18
        Hello Ostell,
        so that was quick....... parking company have rejected my appeal basically stating that I was overtime.
        So how do I prepare for the POPLA appeal please

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        • #19
          Just re-read my last post....... to be clear, they rejected my appeal as they maintain that my vehicle remained in the car park after the paid parking session had elapsed.
          Having read most of this forum and the BPA codes of practice I have a better understanding of the processes. Looking at the NTK, nowhere on it is the POFA referenced. I take it from the codes of practice that this is because they were unable to serve it on me within the time period and so cannot use it.
          The strange thing is that they invite me to pay, but nowhere do they “invite” or request me to give details of the driver. I have not identified the driver.
          The car park was controlled with ANPR. If they are not relying on POFA to transfer liability to me the Keeper, is there any way they can pursue me (the keeper) for payment ?
          Could anyone give me assistance with the wording for the POPLA appeal.?

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          • #20
            As you weren't the driver they need to conform to the requirements of POFA to be able to hold you liable.

            The PCN that you received must have been a first attempt by the company, it is missing so much. You point out all that is missing but required by POFA. Here's POFA, Check for yourself

            Get a copy of that web page I referenced saying that the land is owned by the council and say that POFA and keeper liability cannot apply as it is not relevant land.

            Not withstanding the above the notice:
            Failed 9 (4) by not delivering the Notice to Keeper within 14 days. Remember to add on the 2 days for delivery
            Failed 9 (2) (a), there is no period of parking specified. Moving in front of a camera cannot, by definition, be parking.
            Missing 9 (2) (b) The keeper is not told that the driver is liable.
            Failed 9 (2) (e) There is no invitation to the keeper to pay or identify the driver in the prescribed format.
            Failed 9 (2) (f) There is no warning of keeper liability in the prescribed format.

            Put this all in the POPLA appeal and there should be no problems.

            Comment


            • #21
              Hello Ostell ,
              just wanted to say a big thank you for your help and advice. My POPLA appeal won ! Corporate Services didn’t even both to play in the process. It’s satisfying to know it’s cost them more than me.
              Regads.

              Comment


              • #22
                Glad it all worked out. It gets disheartening sometimes but glad you persevered

                Comment

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