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#Post#: 72894--------------------------------------------------
PCS postal notice - The Close, Oaks Lane, IG2 7RS
DIR By: Captainships1
Date: May 23, 2025, 4:30 am
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Hi all,
We received this private PCN via the post:
HTML https://postimg.cc/gallery/T1VdRTB
The driver was taking their son to a football training session
at Oaks Park High School (Newbury Park area). It was a Saturday
and the lesson started at 9am. The text massage from the
football training company who hire the school hall stated to use
the post code IG2 7RS to enter Oaks Lane. However, that post
code isn't actually the school's post code and if you follow it,
it takes you to a small slip road. The postcode was provided to
let parents know which way is the best way to enter Oaks Lane in
order to get to the school.
On that morning, the driver used the post code and unknowingly
entered the private slip road. Having entered the road and
realising it was a dead end, the driver immediately exited the
road and went back onto Oaks Lane. The driver at no point parked
the car nor exited the vehicle. The time spent on the road was
no more than a minute, if that. At no point did the driver
realise that it was a private road. The driver also didn't
notice any signs when entering.
Here are the images taken of the the road and the sign. These
were taken after the letter came through the post:
HTML https://postimg.cc/gallery/sfr1NLk
Please kindly advise what should be done.
Many thanks.
#Post#: 72898--------------------------------------------------
Re: PCS postal notice - The Close, Oaks Lane, IG2 7RS
DIR By: jfollows
Date: May 23, 2025, 4:45 am
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Amongst other things, that notice does not
--- Quote ---
> (a)specify the vehicle, the relevant land on which it was
parked and the period of parking to which the notice relates;
--- End Quote ---
and is probably non-compliant with PoFA 2012
(
HTML https://www.legislation.gov.uk/ukpga/2012/9/schedule/4)
for a
number of other reasons also, so the keeper should appeal on the
basis of non-compliance and therefore inability to hold the
keeper liable for the actions of the driver, who will not be
identified.
Wait for a proposed form of words, or a better alternative.
If nothing else, you are right that you can’t be liable for
parking under the circumstances you describe. Someone is
over-eager (presumably on commission) to spot and report people
for “parking”. Parking requires a contract to be offered and
accepted, and driving past a sign saying “no parking” doesn’t do
this.
Oh, and I’ve just seen your post of the sign, which is total
pants. It doesn’t say anything! Unless there are other signs, as
it claims.
#Post#: 72903--------------------------------------------------
Re: PCS postal notice - The Close, Oaks Lane, IG2 7RS
DIR By: JustLoveCars
Date: May 23, 2025, 5:15 am
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--- Quote from: jfollows link ---
>
> Oh, and I’ve just seen your post of the sign, which is total
pants. It doesn’t say anything! Unless there are other signs, as
it claims.
>
--- End Quote ---
In the 4th picture you can see a sign past the vehicle.
(Between the skip and other sign)
That initial sign seems to indicate parking by the very presence
of a 'P' and no warnings there is 'No parking'!
#Post#: 72944--------------------------------------------------
Re: PCS postal notice - The Close, Oaks Lane, IG2 7RS
DIR By: b789
Date: May 23, 2025, 9:36 am
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Follow the advice and you won't be paying a penny to these
scammers. There are so many things wrong with that Notice to
Keeper (NtK), including but not limited to failure to fully
comply with all the requirements of PoFA 21012, no evidence of
any contract formation with the driver, lack of evidence that
PCS has any legal standing to collect money on behalf of the
creditor, PESS.
For now, all you need to do is appeal to PCS. Easy one to deal
with… 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 is not compliant with all the requirements of PoFA which
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. PCS 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.
PCS have no hope at POPLA, so you are urged to save us both a
complete waste of time and cancel the PCN.
--- End Quote ---
Do not add any of the mitigation that you have told us about.
None of that will matter in this case unless it ever went to
court as a debt claim, which is highly unlikely. Any initial
appeal will be rejected but you will receive a POPLA code with
which you can make a secondary appeal which will have a much
greater chance of success and we will cover as and when
necessary.
#Post#: 73026--------------------------------------------------
Re: PCS postal notice - The Close, Oaks Lane, IG2 7RS
DIR By: Captainships1
Date: May 23, 2025, 6:30 pm
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Thank you! I will submit that in the morning.
#Post#: 73053--------------------------------------------------
Re: PCS postal notice - The Close, Oaks Lane, IG2 7RS
DIR By: Captainships1
Date: May 24, 2025, 4:41 am
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Before I submit the appeal, can I ask why we can't add something
like "The driver entered and exited the road without parking"?
Or is that something that needs to be submitted at POPLA stage?
#Post#: 73057--------------------------------------------------
Re: PCS postal notice - The Close, Oaks Lane, IG2 7RS
DIR By: DWMB2
Date: May 24, 2025, 5:07 am
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Essentially because PCS are likely to reject your appeal
regardless of its content.
That the driver didn't park is obviously a meritorious appeal
point, but you can throw everything in at the POPLA stage.
#Post#: 73576--------------------------------------------------
Re: PCS postal notice - The Close, Oaks Lane, IG2 7RS
DIR By: Captainships1
Date: May 28, 2025, 7:58 am
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The appeal was submitted today using their online form on their
website. Once submitted a pop up screen appeared that said "your
appeal has been successfully submitted". However, no reference
number was provided nor any email confirmation of the appeal.
#Post#: 73578--------------------------------------------------
Re: PCS postal notice - The Close, Oaks Lane, IG2 7RS
DIR By: b789
Date: May 28, 2025, 8:01 am
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Did you keep a copy of what you put in the appeal?
#Post#: 73607--------------------------------------------------
Re: PCS postal notice - The Close, Oaks Lane, IG2 7RS
DIR By: Captainships1
Date: May 28, 2025, 9:45 am
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Yes I did, including a screenshot of the completed form before
pressing the submit button.
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