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Civil penalty charge notices (Councils, TFL and so on) / Re: Greenwich - Code 624 one or more wheels over footpath - John Harrison Way
« on: March 10, 2024, 10:44:23 pm »
It's postponed until 27th March as I was out of the country.
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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN for Suspended Bay Tower Hamlets
« on: March 06, 2024, 11:20:42 am »
I called them and they said they went up on the 5th. I honestly don't know how I could have missed it for a whole week, but I'll pay at the reduced rate.
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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN for Suspended Bay Tower Hamlets
« on: March 06, 2024, 10:19:23 am »
Do I make a FOI request to get the information?
You request the suspension log from the council. This will give the relevant dates. However, this would delay your reps, so best to submit reps on the basis that your car was legally parked on <date>, and on this date, being familiar with the local parking arrangements, and regular suspensions taking place, you checked your car just before travelling for a short stay abroad, and no suspension sign was seen. Therefore insufficient notice was given of the suspension, and as a resident, you consider the PCNs should therefore be cancelled.
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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN for Suspended Bay Tower Hamlets
« on: March 06, 2024, 09:10:57 am »
But is that not until after the NTO?
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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN for Suspended Bay Tower Hamlets
« on: March 06, 2024, 06:43:12 am »
Thanks, is there any way of finding out when they put the suspension notice up before I continue with it.
I'm sure it wasn't there but maybe I just didn't see it.
I'm sure it wasn't there but maybe I just didn't see it.
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Civil penalty charge notices (Councils, TFL and so on) / Re: PCN for Suspended Bay Tower Hamlets
« on: March 05, 2024, 12:52:33 pm »
I've now received this reply.
[ Guests cannot view attachments ]
[ Guests cannot view attachments ]
[ Guests cannot view attachments ]
The first thing to do is to submit an informal challenge to the PCN, stating that when you parked your car on <date>, there was no suspension sign. The car was therefore parked legally, yet when you returned to it a PCN had been issued on <date> only a few days after you parked the car. You therefore claim that insufficient notice was given of the suspension. Post-up their reply here when you get it and we can see if it's worth taking them to London Tribunals.
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Private parking tickets / Re: PCN - POPLA stage for Parked Without A Valid Permit. Elite Parking Management
« on: January 22, 2024, 04:57:46 pm »
Thanks, yesterday was my latest day to leave comments so I had to go with what I had.
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Private parking tickets / Re: PCN - POPLA stage for Parked Without A Valid Permit. Elite Parking Management
« on: January 21, 2024, 11:27:40 am »
Is this better?
Non Compliant Notice to Keeper
Elite Parking seeks to hold me, the keeper, liable for a parking charge. However, their attempt fails because they haven't served a compliant Notice to Keeper (NTK) in accordance with Schedule 4 of the Protection of Freedoms Act 2012 (POFA). This serves as the essential condition for their claim against me.
Specifically, when relying on paragraph 8 of POFA, as they are here, a creditor must first issue a Notice to Driver (NTD) and wait at least 28 days before serving an NTK. In this case, the alleged parking violation occurred on November 19th, yet the NTK arrived only on November 23rd. This clearly violates the 28-day waiting period mandated by POFA paragraph 8(5).
For reference, POFA paragraph 8(1) states that a compliant NTK, when relying on paragraph 6(1)(a), must fulfil several requirements, including:
Identifying the vehicle, parking location, and relevant parking period.
Informing the keeper of the driver's unpaid parking charges.
Mentioning the prior issuance of a Notice to Driver and repeating specific information from that NTD (as outlined in paragraph 7(2)(b), (c), and (f)).
Delivering the notice to the keeper within the relevant period (28 days after the 28-day period following the NTD).
Given the blatant disregard for POFA requirements in Elite Parking's NTK, I request POPLA to acknowledge the non-compliance and overturn the issued PCN. The lack of a compliant NTK renders their claim against me invalid
Concerns about signage:
While Elite Parking presents photos as evidence of signage, these pictures raise serious concerns about its accuracy and effectiveness:
Absent sign: The left-hand sign shown entering the street is completely missing in reality. This casts doubt on the completeness and reliability of their overall signage strategy.
Lack of visibility: Notably, their photos lack any signage directly visible from the bay where my vehicle was parked.
Discrepancies: The signs in their photos significantly differ from the actual appearance and location of the on-site signage. This discrepancy raises serious doubts about the trustworthiness of their evidence.
Appeal request:
Given the substantial flaws and discrepancies in Elite Parking's evidence and signage strategy, I respectfully request that POPLA overturn the issued PCN.
Non Compliant Notice to Keeper
Elite Parking seeks to hold me, the keeper, liable for a parking charge. However, their attempt fails because they haven't served a compliant Notice to Keeper (NTK) in accordance with Schedule 4 of the Protection of Freedoms Act 2012 (POFA). This serves as the essential condition for their claim against me.
Specifically, when relying on paragraph 8 of POFA, as they are here, a creditor must first issue a Notice to Driver (NTD) and wait at least 28 days before serving an NTK. In this case, the alleged parking violation occurred on November 19th, yet the NTK arrived only on November 23rd. This clearly violates the 28-day waiting period mandated by POFA paragraph 8(5).
For reference, POFA paragraph 8(1) states that a compliant NTK, when relying on paragraph 6(1)(a), must fulfil several requirements, including:
Identifying the vehicle, parking location, and relevant parking period.
Informing the keeper of the driver's unpaid parking charges.
Mentioning the prior issuance of a Notice to Driver and repeating specific information from that NTD (as outlined in paragraph 7(2)(b), (c), and (f)).
Delivering the notice to the keeper within the relevant period (28 days after the 28-day period following the NTD).
Given the blatant disregard for POFA requirements in Elite Parking's NTK, I request POPLA to acknowledge the non-compliance and overturn the issued PCN. The lack of a compliant NTK renders their claim against me invalid
Concerns about signage:
While Elite Parking presents photos as evidence of signage, these pictures raise serious concerns about its accuracy and effectiveness:
Absent sign: The left-hand sign shown entering the street is completely missing in reality. This casts doubt on the completeness and reliability of their overall signage strategy.
Lack of visibility: Notably, their photos lack any signage directly visible from the bay where my vehicle was parked.
Discrepancies: The signs in their photos significantly differ from the actual appearance and location of the on-site signage. This discrepancy raises serious doubts about the trustworthiness of their evidence.
Appeal request:
Given the substantial flaws and discrepancies in Elite Parking's evidence and signage strategy, I respectfully request that POPLA overturn the issued PCN.
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Private parking tickets / Re: PCN - POPLA stage for Parked Without A Valid Permit. Elite Parking Management
« on: January 20, 2024, 06:59:39 pm »
All their evidence is there. Including the notice to keeper. You have to scroll down then there's 7 more files
Thanks I see your point in not mentioning what should be there.
Thanks I see your point in not mentioning what should be there.
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Private parking tickets / Re: PCN - POPLA stage for Parked Without A Valid Permit. Elite Parking Management
« on: January 20, 2024, 02:14:53 pm »
Are you saying you don't agree with what I have written to submit as the comments?
All of the documents in their evidence are here
https://imgur.com/a/V9uxItz
All of the documents in their evidence are here
https://imgur.com/a/V9uxItz
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Private parking tickets / Re: PCN - POPLA stage for Parked Without A Valid Permit. Elite Parking Management
« on: January 20, 2024, 10:54:03 am »
Do I need to reword this in any way?
This is an appeal by the keeper. The driver has not been identified. The operator has put into evidence their PCN which does not comply with the requirements for keeper liability in Schedule 4 to the Protection of Freedoms Act 2012 (‘POFA’).
Missing mandatory warning:
There being no notice to driver in evidence, the notice to keeper should have included the mandatory warning required by POFA paragraph 9(2)(f). The warning contained in the NTK does not come close to satisfying that condition. Quite apart from referring to paragraph 8 instead of 9, it does not state that the operator’s right to recover from the keeper is subject to all applicable conditions under POFA being met. Therefore the appeal must succeed.
Concerns about signage:
While Elite Parking presents photos as evidence of signage, these pictures raise serious concerns about its accuracy and effectiveness:
Absent sign: The left-hand sign shown entering the street is completely missing in reality. This casts doubt on the completeness and reliability of their overall signage strategy.
Lack of visibility: Notably, their photos lack any signage directly visible from the bay where my vehicle was parked.
Discrepancies: The signs in their photos significantly differ from the actual appearance and location of the on-site signage. This discrepancy raises serious doubts about the trustworthiness of their evidence.
Appeal request:
Given the substantial flaws and discrepancies in Elite Parking's evidence and signage strategy, I respectfully request that POPLA overturn the issued PCN.
This is an appeal by the keeper. The driver has not been identified. The operator has put into evidence their PCN which does not comply with the requirements for keeper liability in Schedule 4 to the Protection of Freedoms Act 2012 (‘POFA’).
Missing mandatory warning:
There being no notice to driver in evidence, the notice to keeper should have included the mandatory warning required by POFA paragraph 9(2)(f). The warning contained in the NTK does not come close to satisfying that condition. Quite apart from referring to paragraph 8 instead of 9, it does not state that the operator’s right to recover from the keeper is subject to all applicable conditions under POFA being met. Therefore the appeal must succeed.
Concerns about signage:
While Elite Parking presents photos as evidence of signage, these pictures raise serious concerns about its accuracy and effectiveness:
Absent sign: The left-hand sign shown entering the street is completely missing in reality. This casts doubt on the completeness and reliability of their overall signage strategy.
Lack of visibility: Notably, their photos lack any signage directly visible from the bay where my vehicle was parked.
Discrepancies: The signs in their photos significantly differ from the actual appearance and location of the on-site signage. This discrepancy raises serious doubts about the trustworthiness of their evidence.
Appeal request:
Given the substantial flaws and discrepancies in Elite Parking's evidence and signage strategy, I respectfully request that POPLA overturn the issued PCN.
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Private parking tickets / Re: PCN - POPLA stage for Parked Without A Valid Permit. Elite Parking Management
« on: January 19, 2024, 10:01:27 pm »
Will do, thanks
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Private parking tickets / Re: PCN - POPLA stage for Parked Without A Valid Permit. Elite Parking Management
« on: January 19, 2024, 08:49:46 pm »
The appeal is in the first post, they didn't name the driver
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Private parking tickets / Re: PCN - POPLA stage for Parked Without A Valid Permit. Elite Parking Management
« on: January 19, 2024, 08:10:30 pm »
I was working with the information I was able to gather.
I have already submitted the POPLA appeal with no reference to the NTK, As I was informed I can't introduce anything new, does that mean I can't use this?
I have already submitted the POPLA appeal with no reference to the NTK, As I was informed I can't introduce anything new, does that mean I can't use this?
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Private parking tickets / Re: PCN - POPLA stage for Parked Without A Valid Permit. Elite Parking Management
« on: January 19, 2024, 03:36:05 pm »
The keeper has not admitted driving.
Is it a POFA NTK, as the warning doesn't warn about keeper liability?
Also Elite are referring to para 8(2)(b) when it should be para 9(2)(b) for a postal NTK.
Is it a POFA NTK, as the warning doesn't warn about keeper liability?
Also Elite are referring to para 8(2)(b) when it should be para 9(2)(b) for a postal NTK.