PCN Excel Parking in Iceland.

[brookwald]

Re: PCN Excel Parking in Iceland.

They may say it but it is not a reasonable assumption that the keeper was driving. Any reason available that would show the keeper not driving (broken leg mashappy?

Have you checked POFA paragraph 9 against the notice to keeper that was received? There's a bulleted list on MSE but I can't find the reference at the moment.

Was it received within the 14 days, was the period of parking given, was the creditor explicitly named etc.

Hi,

yes within 14 days, yes the entry and exit times were given, 18 minutes, Excel parking was on the notice to keeper.

thanks.

[ostell]

Re: PCN Excel Parking in Iceland.

Have you checked the NTK against all the requirements of POFA para 9? Period of parking ? What else?

Entry and exit time was 19 minutes. What was the PARKING time ?

[mystery1]

Re: PCN Excel Parking in Iceland.

I would initiate the complaint.

https://www.theias.org/faqs

1. YOU LODGE YOUR ‘INITIAL COMPLAINT’
   Once you have registered your details, your Initial Complaint is activated by identifying the parking charge that you want to appeal against by entering the Parking Charge reference number and your vehicle registration number.
   
   Your appeal will then have started and you will be sent an email confirming the same. You will need to monitor developments with your appeal as once the Operator has uploaded their evidence, you will have to upload your full representations and any evidence. Please note that there are deadlines during the appeals process. If you miss a deadline then it may adversely affect your appeal.
   
2. THE OPERATOR ESTABLISHES PRIMA FACIE CASE
   The parking operator is notified by email of your appeal and is provided with 5 working days to provide details of a Prima Facie case in support of their assertion that a charge is payable by you.
   
   A 'Prima Facie' case means sufficient evidence to show that there is, on the face of it, an enforceable charge in law.
   
   You will be sent an email confirming when this has been submitted by them.
   
3. CONSUMER COMPLAINT
   You will be able to log into the system to view the operator's response and view any evidence that has been uploaded. You have 10 working days to submit your written representations and upload all evidence supporting your appeal.
   
   Make sure that you provide all of the information that is requested of you along with your correct contacts and ALL of the evidence you would like to rely on. The IAS will be unable to add further documents to your appeal after it has been submitted.
   
   An email will be sent to you confirming submission of your appeal.
   
4. OPERATOR RESPONSE TO COMPLAINT
   The operator is provided with 5 working days to provide written representations and evidence in support of their response to you. You will be notified by email when this has been submitted and the case will then be placed before an adjudicator for a decision to be made.
   
   Please note, you are not able to respond to these submissions but you can view them by logging into the system.
   
5. THE ADJUDICATION
   All evidence and any representations are submitted and stored on the system awaiting adjudication. Appeals are dealt with in order of submission via on online queuing system. An independent Adjudicator determines the appeal by logging in remotely, reviewing the evidence and providing the reasons in support of their findings.

Once a decision is made you will notified by email of the result.



Once they have put their evidence forward we respond with the appeal.

M1

[brookwald]

Re: PCN Excel Parking in Iceland.

Have you checked the NTK against all the requirements of POFA para 9? Period of parking ? What else?

Entry and exit time was 19 minutes. What was the PARKING time ?

I haven't got the original in front of me as they needed it to fill in the original appeal and don't live that close, however, lets say it doesn't say 'parking' but mentions the entry and exit time, are you suggesting this would be used as the basis of appeal for the IPC?

[ostell]

Re: PCN Excel Parking in Iceland.

Appealing to the IPC probably not be much good. If the notice says so many minutes parking then you were there for 18 minutes how many minutes were you parking? If they are going to hold you to an alleged contract then you need time to read and understand the contract then time to leave if you reject the contract. What other little goodies in the NTK don't agree with paragraph 9 of POFA? Frustration of contract by a mechanical defect. If you can get hold of the NTK and post it on here then others can see if there are any more defects in the text.

If there is a single defect between the NTK and the regulations then the keeper can not be held liable. IAS wil ignore this but if you put it to them that they have failed the requirements of POFA then it is in your favour if it ever gets to court.