Parking fine assistance (yay!)

Parking fine assistance (yay!)

Author
Discussion

Stay in Bed Instead

22,362 posts

157 months

Friday 14th June 2019
quotequote all
silverfoxcc said:
Stay in Bed

If you got out more!!! (lol) you would see that the POPLA appeals services allows this as a legitimate fail on the PPC and regularly cancels the invoice
That the PCN must contain the word 'invite'?

Stay in Bed Instead

22,362 posts

157 months

Friday 14th June 2019
quotequote all
pavarotti1980 said:
Why dont you answer the question? Does it?
It's debatable. 'should' would normally be considered an obligation not an invitation, but also is not 'must' so arguably creates the opportunity not to.

You?

pavarotti1980

4,898 posts

84 months

Friday 14th June 2019
quotequote all
Stay in Bed Instead said:
It's debatable. 'should' would normally be considered an obligation not an invitation, but also is not 'must' so arguably creates the opportunity not to.

You?
The legislation is very simple and easy and not debatable at all. Its very black and white.

At the very start of s9 (2) it states the notice (NTK) must contain certain information.

The PCN
does reference and contain (2) (b) the keeper being informed the driver is liable for the charge
but
does reference or contain anything (2) (e) about inviting the keeper to name the driver

So therefore it fails to comply

Stay in Bed Instead

22,362 posts

157 months

Friday 14th June 2019
quotequote all
pavarotti1980 said:
The legislation is very simple and easy and not debatable at all. Its very black and white.

At the very start of s9 (2) it states the notice (NTK) must contain certain information.

The PCN
does reference and contain (2) (b) the keeper being informed the driver is liable for the charge
but
does reference or contain anything (2) (e) about inviting the keeper to name the driver

So therefore it fails to comply
You consider 'should' is not an invitation. You could have just stated that ages ago and save all this faffing about.

biggrin

xjay1337

Original Poster:

15,966 posts

118 months

Friday 14th June 2019
quotequote all
Stay In Bed - While Im sure fun to troll the thread can we try and keep it on topic not trying to get one up.

Any advice on the letter template I modified slightly from silverfox appreciated!

pavarotti1980

4,898 posts

84 months

Friday 14th June 2019
quotequote all
Stay in Bed Instead said:
You consider 'should' is not an invitation. You could have just stated that ages ago and save all this faffing about.

biggrin
You could have not bothered typing which would have saved faffing around.

Should have typed in crayon to help you because it is apparent that as well as very simple legislation you dont appear to understand the meaning of words in the English language either

pavarotti1980

4,898 posts

84 months

Friday 14th June 2019
quotequote all
anonymous said:
[redacted]
Really? Bring back clamping with the knuckle dragging meat heads and their "dodgy" practices?

pavarotti1980

4,898 posts

84 months

Friday 14th June 2019
quotequote all
anonymous said:
[redacted]
Obviously the same would apply so watch you dont wear a green jumper on a Tuesday in a car park near you otherwise thats it. £250 to have your vehicle unclamped smile

He paid for parking and overstayed. Not really that much of an issue. The obvious resolution would be they request the additional parking time and a small admin fee

Graveworm

8,496 posts

71 months

Friday 14th June 2019
quotequote all
Stay in Bed Instead said:
pavarotti1980 said:
Sorry (e) not (b)

The NTK should invite the keeper to name the driver. Does that mean they are mandated by legislation to do so?

I invite you to a party. You can decline that invitation. It doesnt mean you have to attend.
That's not really addressing the issue at hand.
Definitely not.
"I am having a party You should come"
wink

xjay1337

Original Poster:

15,966 posts

118 months

Friday 14th June 2019
quotequote all
anonymous said:
[redacted]
I get it. You're angry. It's OK. Just breathe.

xjay1337

Original Poster:

15,966 posts

118 months

Friday 14th June 2019
quotequote all
anonymous said:
[redacted]
Where have I not accepted responsibility? Or was that lost on you when I said "My mistake".

If I can avoid paying for a mistake then I will.
Love that you read so many of my posts . U ok hun? xx

Stay in Bed Instead

22,362 posts

157 months

Friday 14th June 2019
quotequote all
xjay1337 said:
Where have I not accepted responsibility? Or was that lost on you when I said "My mistake".
But not the consequences.


pavarotti1980

4,898 posts

84 months

Friday 14th June 2019
quotequote all
Stay in Bed Instead said:
But not the consequences.
The consequences could be £0 cost to the OP is he is able to successfully have the PCN overturned due to the fact ECP are unable to follow POFA 2012

If POPLA agree with the OP and cancel PCN does that mean he is still at fault or would the fault lie with the PPC?

Stay in Bed Instead

22,362 posts

157 months

Friday 14th June 2019
quotequote all
pavarotti1980 said:
The consequences could be £0 cost to the OP is he is able to successfully have the PCN overturned due to the fact ECP are unable to follow POFA 2012

If POPLA agree with the OP and cancel PCN does that mean he is still at fault or would the fault lie with the PPC?
They would both be at fault, but the OP would not be out of pocket.

tongue out


pavarotti1980

4,898 posts

84 months

Friday 14th June 2019
quotequote all
Stay in Bed Instead said:
They would both be at fault, but the OP would not be out of pocket.

tongue out
Maybe he could donate the 50p or whatever to charity then.

However if the PPC is actually out of pocket then they should learn to read and write

Edited by pavarotti1980 on Friday 14th June 14:56

silverfoxcc

7,690 posts

145 months

Friday 14th June 2019
quotequote all
xjay


Just double check on pepipoo that it is all ok as written, poster called ostell is quite good on this.

We don't want to snatch defeat from the jaws of victory

xjay1337

Original Poster:

15,966 posts

118 months

Friday 14th June 2019
quotequote all
silverfoxcc said:
xjay


Just double check on pepipoo that it is all ok as written, poster called ostell is quite good on this.

We don't want to snatch defeat from the jaws of victory
Thanks dude.

Ostell was commenting on my post - indeed very helpful, he said the modified template should be OK - I sent off the appeal this afternoon

Thank you for your help, I will keep updated!

WonkeyDonkey

2,341 posts

103 months

Friday 14th June 2019
quotequote all
super7 said:
3) Thirdly, what pub charges customers to park their cars in a car park so that they can spend more money inside. Any pub that charges for parking deserves to fail.

4) Finally, a couple of things is not 4 things...

OP... you come across as a privileged knob who seems to think they can pick and choose when to follow the rules?
I used to live near there and boldmere is a very busy high street with limited parking.

I'm pretty sure if you eat in the harvester you get the money refunded off your meal.

There is also a travelodge to the rear of this harvester so the parking charges are very much set up to deter people like the OP.

In future there is plenty of on road parking if you park on the roads off boldmere road. You'll just need to walk for a min or two.

funkyrobot

18,789 posts

228 months

Friday 14th June 2019
quotequote all
OP. Next time, take the bicycle. hehe

xjay1337

Original Poster:

15,966 posts

118 months

Friday 14th June 2019
quotequote all
WonkeyDonkey said:
In future there is plenty of on road parking if you park on the roads off boldmere road. You'll just need to walk for a min or two.
Thanks - didn't realise - will remember if i have to return!