Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - Patrick

Pages: [1]
1
Update on the outcome in case it is helpful for you for future advice.

Both cancelled!

I recieved emails from the IAS that stated, "Your appeal to the Independent Appeals Service has now been conceded. The operator will no longer be pursuing the PCN detailed below."

No reason was given so I logged onto the IAS portal and it states, "The Operator conceded this appeal due to not completing their Prima Facie Case on time"

I can only assume that GXS didn't bother to reply to the IAS.

Thanks for all the help!

2
Does the fact that the driver entered their registration into the iPad on the way in effect the inital appeal for the second one? Or should I use the one below, the same one as the first one.


"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. GSX 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. GSX have no hope should you try to litigate, so you are urged to save us both a complete waste of time and cancel the PCN."

3
Thanks for such a detailed reply. What is the next steps if the appeal to IAS is rejected? Does this then go to a court order or similar?

4
Good evening,

Thanks for your help. I appealed with the following,

"The drop down menu for reason is not extensive enough and does not included the option 'Other reason'. I have selected one at random.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. GSX 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. GSX have no hope should you try to litigate, so you are urged to save us both a complete waste of time and cancel the PCN."

They have declined the appeal with the following letter. This is the first two pages. There are about 10 pages afterwards of photos of the signage. Taken during daylight hours most likely years ago I might add.

Advice on how best to proceed now is welcomed. Also irritatingly the driver attended the same pub a week later and did enter their registration into the iPad and would you believe it they recieved another Parking Charge in the post for that date too. Also shown below. Advice how how best to proceed with this one is also welcomed. Thanks in advance!






5
Any assitance with the following would be greatly recieved. I had success on here before so I am hoping that your wisdom will once again be of help.

The driver entered the car park and parked up. Then entered the pub for antenatal classes there and whilst there ordered a drink at the bar. Then a few days later recieved the parking charge notice to keeper in the post. They called the pub to see if they could cancel it as they have been advised previously the quickest way to get them cancelled is normally to contact the busniess owner and not the parking services company. The pub manager was very helpful and explained that he cannot cancel parking charge but did state that he can provide a copy of the reciept and to submit it when appealing. Aparantely GXS do not accept banking transactions but receipts from the pub only. Aparantly there are loads of signs in the car park and the driver should have entered their registration into an iPad on the way in. It was dark when the car was parked and the driver did not notice any of this.

A copy of the email confirming the pub as the venue with times and dates for the antenatal classes is available to be submitted as part of the appeal. Also a screenshot of credit card transaction on the date but not the time. Hopefully the manager will reply with the till reciept for the drink bought with time and date.




6
It was cancelled! Thanks for your help @Hippocrates

I thought you may find it useful to see their reply for future advice.


7
My short paragraph.

What cannot be seen in the poor quality CCTV is that there is a speed bump that the oncoming cars must cross, though in the video you can see them go over the bump. The oncoming car is only joining the road from the junction at the point I am crossing the give way lines. When joining a road you must give way to traffic already on that road. The oncoming car is still some distance away when when I am going through the narrowing. I also clear the narrowing whilst the oncoming car is still proceeding over the speed bump before it. The speed bump means they cannot proceed to the narrowing at a speed that means I could have obstructed them. Essentially I did not commit the moving traffic offence aledged.

Should I use this to reply to on the PCN portal or await your defence letter?

Thanks for any help or advice offered

8
Thanks for a sppedy reply!

I think this is what you are after




9
Good Morning

I recieved the following PCN in the post on Thursday. I have not appealed on the Lambeth website yet as I thought I would seek advice here first.

I have watched the video and think it is very harsh. What cannot be seen in the poor quality CCTV is that there is a speed bump that the oncoming cars must cross, though in the video you can see them go over the bump. I am the Gray Passat driving away from the camera. I feel that the oncoming car has crossed a junction to join the road I am already on and is far off from the give way. The oncoming car has plently of time and space to get through and must go over the speed bump before meeting the narrowing of the road.

Any advice is most welcome. Below are the PCN and youtube link for the CCTV video from the Lambeth Council website. I have also done a screenshot of the point my front tyres cross the white line.







https://www.youtube.com/watch?v=a8A7IJcKwSA



Google Maps Link

https://maps.app.goo.gl/8ATCDUSRDaKTFk3p9

Pages: [1]