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Messages - vlod Turling

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I got my response after appealing with the previous advise given. Unsure what my next move is.

Previous post:

https://www.ftla.uk/private-parking-tickets/parking-charge-notice-unfair-misleading-signs-gatewat-retail-park-beckton/msg80166/#msg80166

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There is too much text for the appeal page... I just removed the end part to make it fit.

[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. ECP 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.]

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Oh, the text was confusing. I understand now. Ill remove my edits and send it exactly as you wrote it. Thank you for the advice.

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I removed my personal information, all of which seems to be correct.

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Does that actually make any difference though?

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Its just i read over the Protection of Freedoms Act 2012 and they seem to have hit all the boxes. other than holding onto the letter too long. issued 27/6 arrived at my door 7/7.

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I added to the first paragraph, is this still acceptable?


"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. Your signage is unclear, and not clearly visible when entering the car park especially at night as it is unlit and under a tree. It is also not feasible to have such a short stay allowance for restaurants with table service offered at that hour.

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. ECP 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. ECP have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN. "

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I have recieved a parking Charge notice for parking at gateway retail park. The car park does have signs that are somewhat clear during the day but the sign is under a tree and not well lit. its also position behind a yellow box meaning getting close enough to read it is difficult enough let alone in the dark at night.

The carpark includes many restaurants like mcdonald and creams which allow people to sit in and eat past 11pm until atleast 1am. the car park however only allows parking for 30 minutes after 11pm.

Is it not reasonable to be able to see "3 hours max stay" in the dark and then park thinking thats how long you have to park.  especially considering the carpark has restaurants with table service still available after those times?

I included a picture showing the sign circled in blue after a tree and where you would drive to access the restaurants. I dont think its reasonable to give people 30 minutes to park, order and eat there food and then leave.

Is this worth fighting or should I just pay the ticket?

(Attempts have been made to contact the mcdonald to ask about it, but they never answer the phone)

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