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#Post#: 48091--------------------------------------------------
Paild but still got a ticket
DIR By: dave89
Date: December 3, 2024, 12:28 pm
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I paid but still got a ticket, I think I only paid for
30minutes, so I could be bang to rights, I cant find the ticket
at the momrent will keep looking. Is that it then or are they
wrong, its not like I didnt pay, I was unaware of camera and was
in a rush to get somewhere. I know not an excuse but just
painting a picture.
Any help would be really appreciated.
Thanks in advance
HTML https://imgur.com/a/7wyzq99
HTML https://imgur.com/a/bx3c7IG
#Post#: 48096--------------------------------------------------
Re: Paild but still got a ticket
DIR By: b789
Date: December 3, 2024, 12:48 pm
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You can try with this for starters:
Possibly able to defeat... as long as the unknown drivers
identity is not revealed. There is no legal obligation on the
known keeper (the recipient of the Notice to Keeper (NtK)) to
reveal the identity of the unknown driver and no inference or
assumptions can be made.
The NtK, whilst mostly compliant with, but not all the
requirements of PoFA, means that if the unknown driver is not
identified, they cannot transfer liability for the charge from
the unknown driver to the known keeper.
Use the following as your appeal. No need to embellish or remove
anything from it:
--- Quote ---
> I am the keeper of the vehicle and I dispute your 'parking
charge'. I deny any liability or contractual agreement and I
will be making a complaint about your predatory conduct to your
client landowner.
>
> As your Notice to Keeper (NtK) does not fully comply with ALL
the requirements of PoFA 2012, you are unable to hold the keeper
of the vehicle liable for the charge. Partial or even
substantial compliance is not sufficient. There will be no
admission as to who was driving and no inference or assumptions
can be drawn. Premier Park has relied on contract law
allegations of breach against the driver only.
>
> The registered keeper cannot be presumed or inferred to have
been the driver, nor pursued under some twisted interpretation
of the law of agency. Your NtK can only hold the driver liable.
Premier Park have no hope at POPLA, so you are urged to save us
both a complete waste of time and cancel the PCN.
--- End Quote ---
No guarantees as the NtK is mostly compliant with PoFA but you
have to give it a go. They'll reject anyway but you then have a
second chance with POPLA and you can throw in argument like poor
signage and put them to strict proof that they have a valid
contract flowing from the landowner that allows then to issue
PCNs inter own name.
No need to rush and you may want to drag this out to after Xmas,
as long as you email the appeal by the deadline/
#Post#: 48187--------------------------------------------------
Re: Paild but still got a ticket
DIR By: dave89
Date: December 4, 2024, 2:22 am
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OK thank you, do I need to find the parking ticket, I definitely
paid but havent found it yet?
#Post#: 48189--------------------------------------------------
Re: Paild but still got a ticket
DIR By: b789
Date: December 4, 2024, 2:39 am
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If you can evidence paying, then of course you use that. You say
you purchased 30 min parking. The PCN says you were on site 40
min. You weren't parked for 40 min and you should have a 10 min
grace period.
#Post#: 48566--------------------------------------------------
Re: Paild but still got a ticket
DIR By: dave89
Date: December 6, 2024, 4:11 am
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OK should I reply now or wait until ive found the purchased
display ticket?
#Post#: 48567--------------------------------------------------
Re: Paild but still got a ticket
DIR By: DWMB2
Date: December 6, 2024, 4:17 am
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There's no advantage to appealing early - if you can find a
ticket that demonstrates parking was paid for for the whole
duration of the stay, we can incorporate this into an appeal. If
not, make sure you don't miss the appeal deadline and if you
can't find it, the appeal template suggested will at least buy
some time.
#Post#: 48770--------------------------------------------------
Re: Paild but still got a ticket
DIR By: dave89
Date: December 7, 2024, 9:22 am
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I still havent found it, ive found one from week before, ive got
a feeling I may have thrown it.
Do you want me to take some pictures of the car park and signs
etc?
Finally if I appeal does the fee stay at £60 or go to £100 even
if letter sent within 14 days?
#Post#: 50397--------------------------------------------------
Re: Paild but still got a ticket
DIR By: dave89
Date: December 18, 2024, 12:08 pm
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I still havent found the ticket, Im 99% sure I got one, you even
have to type in your reg on the machine, surely thats on their
system?
"Dear Mx" was on the letter wasnt my mistake....
Here is there response
PCN REFERENCE NUMBER:
POPLA CODE:
DATE OF PARKING EVENT: 22nd November 2024
PAYMENT DUE DATE: 1st January 2025
TOTAL AMOUNT DUE: £60.00
Dear Mx
Thank you for your appeal against the above Parking Charge
Notice (PCN). We have carefully considered your appeal, however
on this occasion the appeal has been rejected for the following
reason;
Whilst we note the comments and reason for appeal, we can
confirm that the vehicle remained on site for 40 minutes with no
payment or permit made to authorise your stay. We must advise
that this car park is run by Automatic Number Plate Recognition
(ANPR) cameras which take a time date stamped image of the
vehicle on entry and exit, measuring the length of time the
vehicle remained on site, this information is then
cross-referenced with the data from the payment services &
permit systems. Due to no payment or permit being found, we can
confirm that this PCN has been issued correctly.
You have now reached the end of our internal appeals procedure
and therefore you now have two options; you can either pay or
appeal to POPLA - you cannot do both:
You can pay the total amount due as shown above via the
following payment options;
o Call us on: 01302 513232
o Pay online: www.pcnpayments.com
o Send a postal order: Premier Park Ltd, PO Box 624, Exeter, EX1
9JG
Or, you can appeal to an Independent Appeals Service, POPLA
(Parking on Private Land Appeals) using the POPLA reference code
provided above. Please note, should you decide to appeal to
POPLA and your appeal is subsequently rejected or you withdraw
your appeal, the option to pay a discounted amount will no
longer be available and the full amount of the PCN will become
due. Please note, if you pay the PCN prior to appealing to
POPLA, your appeal will be withdrawn as you will have accepted
liability in full.
If you decide to appeal to POPLA, you will need to visit their
website, www.popla.co.uk where further details of how to appeal
(either online or by downloading the relevant forms) can be
found. If you are unable to access their website, please call us
for further information on how to obtain the forms. Please
ensure your POPLA Reference Number, as noted above, is quoted on
all correspondence to POPLA. You have 28 days from the date of
this email to submit an appeal to POPLA. If you appeal to POPLA
we will suspend recovery activity on the PCN and the charge will
not increase until the appeal has been determined.
By law we are also required to inform you that Ombudsman
Services (www.ombudsman-services.org) provides an alternative
dispute resolution service that would be competent to deal with
your appeal. However, we have not chosen to participate in their
alternative dispute resolution service. As such should you wish
to appeal then you must do so to POPLA, as explained above.
If you do not make payment or submit an appeal to POPLA within
the relevant timeframe, the outstanding PCN may be passed to our
appointed debt collection agency for further action. All costs
associated with this process will be added to the amount
outstanding.
Premier Park Ltd. PO Box 624, Exeter, Devon, EX1 9JG
Many thanks again
#Post#: 50765--------------------------------------------------
Re: Paild but still got a ticket
DIR By: dave89
Date: December 22, 2024, 1:21 pm
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How do I appeal to Popla? Is there a guide om here, what else do
I have to do?
Many thanks
#Post#: 50796--------------------------------------------------
Re: Paild but still got a ticket
DIR By: b789
Date: December 22, 2024, 5:16 pm
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You have 33 days from the appeal rejection date (28 days from
service) to submit a POPLA appeal. You can do a search on the
forum for POPLA appeals and see what comes up.
Just show us what you think you should put in your POPLA appeal
and we'll advise accordingly. Remember that POPLA will not
consider mitigation, only the law and the Code of Practice.
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