Author Topic: PCN recevied for parking on private land - Matisse Road, Hounslow.  (Read 1020 times)

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PCN recevied for parking on private land - Matisse Road, Hounslow.
« on: »
Hi,

Received a PCN for parking on private land. Please see the images below:


https://ibb.co/svjmLb3j
https://ibb.co/Cp0LySN2


Any help would be highly appreciated.

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Re: PCN recevied for parking on private land - Matisse Road, Hounslow.
« Reply #1 on: »
Don’t identify the driver, because with no period of parking the PCN does not allow liability to be transferred from the unknown driver to you, the registered keeper.
Plenty of appeals here, such as
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. PPS 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. PPS have no hope should you be so stupid as to try and litigate, so you are urged to save us both a complete waste of time and cancel the PCN.
The appeal will be rejected because they always are, but come back here when it is.

Re: PCN recevied for parking on private land - Matisse Road, Hounslow.
« Reply #2 on: »
Hi,

Please see below, the appeal got rejected.


https://ibb.co/SXkyn5Kv

Please advise

Re: PCN recevied for parking on private land - Matisse Road, Hounslow.
« Reply #3 on: »
That’s not a rejection, yet, it’s a fishing exercise trying to get you to name the driver. In due course you will get a rejection along with a POPLA code.

Re: PCN recevied for parking on private land - Matisse Road, Hounslow.
« Reply #4 on: »
You can have a bit of fun with them by responding with the following:

Quote
Dear PPS Appeals Team,

Thank you for your impressively misconstrued attempt to paraphrase Schedule 4 of the Protection of Freedoms Act 2012. Paragraph 2 of Schedule 4 does not, as you seem to imagine, hand you a magic right to pursue the keeper. It merely establishes a rebuttable presumption — a concept that appears to have escaped your grasp, perhaps due to intellectual malnutrition.

Your citation of section 21.16 of the BPA Code of Practice is equally misplaced. Your reference to “section 21.16 of the BPA Code of Practice” is even more tragic, since the PPS Code of Practice (now superseded by the Private Parking Single Code of Practice) contains no such clause.

Nothing authorise you to “pursue the keeper” simply because they decline to identify the driver. That right arises only if and when every condition of Schedule 4 has been met — something your firm rarely manages on its best day.

I suggest you pass this to a responsible adult within your company, ideally someone with at least a passing familiarity with statutory interpretation. Until then, please stop embarrassing your organisation with letters that read like they were written by someone who has not yet achieved a high school education.

Yours faithfully,

[name]
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: PCN recevied for parking on private land - Matisse Road, Hounslow.
« Reply #5 on: »
Hello again,

Received a letter from the debt recovery company.

https://ibb.co/d0C6L6NN

Please advise.

Re: PCN recevied for parking on private land - Matisse Road, Hounslow.
« Reply #6 on: »
What has happened in 3 months since you last posted? Did you get a POPLA code? If not, did you chase them for one?

Did not receive any other communication. Should I ask them about POPLA?