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**CANCELLED!!!!** UK Parking Patrol Office PCN - 19 minute overstay

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  • #16
    Looks good

    Comment


    • #17
      Thanks I will send it off and keep you updated for sure.

      Thank you very much for your help!

      Comment


      • #18
        Hi ostell - just an update they have replied to my email below:

        UK Parking Patrol Office Ltd
        Department 309,
        Great Northern House,
        275 Deansgate,
        Manchester
        M3 4EL

        Parking Charge Number: 408934

        Vehicle Registration Mark: BN58UUC

        Dear Sir/Madam,


        Thank you for your letter of appeal against the Parking Charge Notice issued by us on 16.02.2018
        Please refer to our previous response.

        The name of the driver is not required as the notice was issued under the POFA.

        Kind regards




        Appeals Dept
        UK Parking Patrol Office Ltd

        Comment


        • #19
          I would just ignore and see what comes next. What they have issued is not compliant with POFA, even though they believe it was.

          Comment


          • #20
            ostell

            Is it worth replying:

            Thank you for your response, I acknowledge you are still rejecting this appeal.

            Therefore as stated by yourself on the NTK the driver is liable and will be forwarding the documentation to the driver.

            Something along the lines of that?
            Last edited by Sh17; 22nd May 2018, 08:42:AM.

            Comment


            • #21
              Hi ostell

              Hope you're well.

              I recieved this letter from UKPPO. They are now saying they are holding the keeper liable.

              Please see attached the letter.

              What would you reccomend to do?

              Thanks in advance as always!

              Comment


              • #22
                They can say wht they like but that letter is outside the 14 days to hold the keeper liable and the one that is important is the first one.
                Sit tight and see what comes next.

                Edit: Just send a quick response that they should read your appeal dated xxxxx, a copy of which is included, and their own Notice to keeper. They will then find that the Notice to Keeper does not comply with POFA and therefore no keeper liability. Later corrections to their non compliance are irrelevant as the issue is beyond the relevant period.

                Any further demands for payment when there cannot be any liability will be considered harassment. Please refer to Ferguson v British Gas.

                By post with free certificate of posting to to show that you sent it.
                Last edited by ostell; 4th June 2018, 06:42:AM.

                Comment


                • #23
                  Hi ostell

                  I would just like to say thank you very much for your guidance and advice.

                  I ended up appealing to the IAS. The reason I did so is because I am not the registered keeper of the car my dad is, and since this is all under his name he did not want me to leave it and have the possibility of having a county court judgement actually come through. So the only way was to appeal to the IAS and what ever the outcome it would be resolved.

                  I can gladly say my appeal work!! And I actually won. The operator UKPPO didn't bother to respond back, they just dropped the case and cancelled the PCN. In the words of the IAS:

                  "Dear The Registered Keeper,

                  Thank you for your appeal. Due to further information UK Parking Patrol Office Ltd has confirmed they will no longer be pursuing the matter and the parking charge has been cancelled."

                  I wanted to go through this process really for my learning I think its a good life lesson knowing how this all works, since I don't come from a leagle background. So again thank you for your help. Below I have copied and pasted my appeal, which I hope may help others.


                  Below is my summarised appeal:

                  As per your website instructs I submit this appeal on the 05/06/2018 within the time frame provided by yourself (IAS). Stating i have until the 07/06/2018, 23:59.

                  I submit this appeal on the main basis that the NTK issued by UK Parking Patrol Office is not compliant with their acredited operator, International Parking Community (IPC) as well as not complying with, schedule 4 of The Protection of Freedoms Act 2012. The fact that they tried to correct their original NTK (outside of the 14 day period), may imply UKPPO know they are not complaint.

                  Please see full details of my appeal attached, under 'IAS Appeal'.


                  Below is my full detailed appeal:



                  I as the registered keeper appeal this Parking Charge Notice (PCN) further under the following points:

                  1. The NTK (Notice to the keeper) does not comply with, schedule 4 of The Protection of Freedoms Act 2012, particularly:

                  [please refer to the attachments titled ‘NTK (Front)’, ‘NTK (Back)’]

                  a. Section 9 (2) (a) states; ‘specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates.’

                  i. It does not state anywhere on the NTK the period of parking the driver stayed.

                  ii. The times given are for when the car was moving underneath the cameras and as such could not possibly be considered parked, therefore there is still not a period of parking stated, as required to hold the keeper liable.

                  b. Section 9 (2) (f) states; warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

                  ‘(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

                  (ii)the creditor does not know both the name of the driver and a current address for service for the driver,

                  the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid.’

                  i. In the NTK received to myself by UKPPO (UK Parking Patrol Office) states; ‘Please be warned: that if after the 28 days beginning with the day after that on which this Notice is given (i) the amount of the unpaid Parking Charge specified in this Notice has not been paid in full, and (ii) we do not know the both the name of the driver and a current address for services for the driver, we will have the right to recover the parking charge amount that remains unpaid from the driver of the vehicle.’ UKPPO have not complied to have the keeper liable.

                  [Please refer to ‘IPC Code of Practice’]

                  2. Further to point 1 (above) referring to the International Parking Community ‘ACCREDITED OPERATOR SCHEME CODE OF PRACTICE’, the NTK does not comply with ‘Part C, 5.1’. UKPPO therefore are not complying with their accredited operator which states members must ‘adhere’ to.

                  3. On the First rejection email issued by UKPPO on the 11/05/2018 AND an email sent on the 14/05/2018, UKPPO referred me to the ‘Wembley Contractual Notice’ whereby there is a credited stamp stating they are a 'Member of the BPA'. Under these grounds I wrote to UKPPO to request my rightful POPLA code to appeal. Where they stated ‘Please be advised that as we are not subscribers to the Ombudsman scheme we are unable to supply you with a POPLA code’. Which is a deliberate attempt to mislead and confuse the public (Negligence).

                   

                  4. I refer to UKPPO’s Accredited Operator, IPC (International Parking Community), ‘Code of Practice’:

                  i. Under, ‘Part B, 15. Grace Periods’; It states’

                  ’15.1 - Drivers should be allowed a sufficient amount of time to park and read any signs so they may make an informed decision as to whether or not to remain on the site.’

                  ’15.2 - Drivers must be allowed a minimum period of 10 minutes to leave a site after a pre-paid or permitted period of parking has expired.’

                  Where 15.1 is referring to the point of entry and 15.2 referring to point of exit. According to the NTK issued by UKPPO the driver overstayed ’19 minutes’. Going by the UKPPO’s Accredited Operator, IPC, Code of Conduct 15.2 (stated above), giving the allowed 10 minute grace period brings the apparent ‘Exceeded Maximum Stay Period’ down to 9 minutes, which is justified by 15.1. Therefore, UKPPO have not issued the NTK in accordance to the IPC Code of Conduct.

                  5. Referring to UKPPO email sent to me on 14/05/2018 and 21/05/2018 they state: ‘Thank you for your letter of appeal against the Parking Charge Notice issued by us on 16.02.2018 ‘. Which is INCORRECT (twice), in fact the actual date the NTK was issued is, 01/05/2018. Showing a lack of professionalism.

                  Please refer to ‘UKPPO Letter (Front)’ & ‘UKPPO Letter (back)’, where a letter has been issued by the UKPPO on the 30/05/2018 whilst, I am still within my appeals process. It is an attempt to correct their original non-complaint NTK, however since it has been issued outside of the 14 days to hold the keeper liable, it is invalid. This may imply that UKPPO know that they are non-compliant, but refuse to hold accountability.




                  Comment


                  • #24
                    well done xx
                    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                    It doesn't matter where your journey begins, so long as you begin it...

                    recte agens confido

                    ~~~~~

                    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                    But please include a link to your thread so I know who you are.

                    Specialist advice can be sought via our sister site JustBeagle

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                    • #25
                      Thank you Kati for introducing me to ostell !

                      Comment


                      • #26
                        Glad it went well with the IAS

                        Just for future reference a CCJ cannot "just come through". It has to go through the county court and you have the chance to defend it. Only a CCJ if you lose. In your case it would be a walkover but it is the hassle of all the documents.

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