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Messages - idealist9843

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1
I absolutely understand what you are saying but for them to use the information from my first appeal it would require them to explicitly admit that they are knowingly unlawfully double charging me.

2
Sorry I didn't mean to exasperate you but they literally say they don't know the name of the driver

3
Just to clarify, I have not been told I am the driver.

The PCN states "At the time of this notice we do not know both the name of the driver and a current address for service for the driver and as the registered keeper of the vehicle..."

So I think it is worth putting in about PoFA and if they say well we know it was you driving from this other PCN we served you then that is them explicitly admitting to unlawful double charging surely?

Thanks for all the help so far, should I keep the PoFA bit in given they have said they don't know the driver?

4
OK here is my draft for the initial contact:

This Parking Charge Notice was served outside the 14-day statutory deadline required for keeper liability under Schedule 4 of the Protection of Freedoms Act 2012. As a result, keeper liability cannot arise. Further, if this site is situated on railway land, it is in any event not “relevant land” for the purposes of PoFA, and keeper liability is expressly excluded regardless of service dates. In either case, the Operator has no lawful basis to pursue the keeper. Accordingly, this charge must be cancelled or, in the alternative, you must issue a POPLA verification code.


Additionally, the Operator has issued two Parking Charge Notices in respect of the same single continuous period of parking. Only one parking contract can arise from one uninterrupted stay. The attempt to pursue multiple contractual charges for a single parking event constitutes unlawful double recovery and an abuse of process, and is contrary to the BPA Code of Practice requirement that enforcement be fair and proportionate. On this basis, both Parking Charge Notices must be cancelled. Should you reject this appeal in respect of either notice, you are required to issue a POPLA verification code without delay.

5
Well when I received the first PCN for parking outside a marked bay I did tick I was the driver but can they use that on a second PCN for the same continuous period of parking?

Also any thoughts on the unlawful double charging. Should I just say send it to the unknown driver for now or do I mention it in the initial contact?

As I understand things PoPLa and the courts take a dim view of double charging, is that correct?

6
I don't know

Here is the sign: https://maps.app.goo.gl/49UVwynYjG81zj4P8

Let me know where to move this if needed.

Thanks

7
I received 2 PCNs from NCP, 1 week apart, for parking outside a marked bay in a station car-park (I parked in the car park on 2 separate occasions 1 week apart). I've appealed both of these to NCP, which they rejected (although gave me a £20 payment goodwill gesture for the second one). I've appealed both of these to PoPLa on the basis of poor signage and some other points.


I have now received a second PCN for the same period of parking as one of the outside of marked bay PCNs for non payment (I wasn't having a great day). The date of sending on the PCN is 22 days after the period of parking. The PCN gives entry and exit times to the car park and this time overlaps the timestamp on the photo used as evidence of my car parked outside the bay. So they are trying to collect 2 penalty charges for one continuous period of parking. I believe this is called unlawful double charging.



The third PCN differs subtly from the first two, the shade of yellow is different, printing quality is substantially different and the appeal address is www.gapparking.co.uk rather than www.ncp.co.uk. Formatting is strange and the pay by date is unfilled. It was sent on the date I filed my first appeal with PoPLa.

IIRC the website for appealing the charge asks "are you the driver? Yes/No" with no option to say the 14 days has elapsed.

How should I proceed? 

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