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instrumentsofjoy

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About instrumentsofjoy

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  1. Cannot see the relevance of the bank account reference. Of course the correspondence is addressed to the Registered Keeper. It is the only address they can get hold of. This may or may not be the driver. There are loads of successful appeals to POPLA and each one costs the Private Parking Company over £100.00 including a straight £27.00 + VAT. There are various hurdles that the PPC needs to jump before they can pursue the Registered Keeper. These often result in a "fail" at POPLA. The result at POPLA is only binding on the PPC NOT the motorist. The current standard advice by most forums who work on this issue is first of all DO NOT ADMIT TO BEING THE DRIVER. 1. Having been issued with a Notice to Driver (i.e the original ticket) wait until the Notice to Keeper 2. Make an appeal to the Private Parking Company on any grounds - the aim of which is to get a POPLA Reference - known as a "soft appeal". 3. Once you have a POPLA Reference then make a "hard appeal" to POPLA. Details of how to make the "hard" and "soft" appeal can be found at pepipoo or Parking Cowboys.
  2. Absolute rubbish. Anyone can appeal. See http://www.popla.org.uk/makinganappeal.htm Anyone can appeal such a parking charge notice providing they follow the process below. If you want someone to appeal on your behalf, such as a family member or friend, they can do so but there can only be one appeal for any one parking charge notice. This is a myth spread about by Parking Companies who have been told by the BPA not to do it. Doesn't stop them doing it mind.
  3. Which in case the original poster doesn't realise it, effectively sinks any case they might have. Not that they do have a case you understand! Basically only local councils and the police are allowed to "fine" people. since their charge is not a pre-estimae of loss, it is a penalty (fine). They can't do that.
  4. You seem clued up! The best option is 2. Do not admit to being the driver. This is important. Wait until the Notice to Keeper arrives, make a "soft" appeal to Parking Eye; saying they can either offer a POPLA code or cancel the charge. You can also take a look around the various forums (or Parking Cowboys) and ask them questions about what you are being charged for - breach of contract etc. Once you get a POPLA code mark a hard appeal challenging their right to offer a contract; asking to see copies of the contract, asking how the charges have arisen if it is not a penalty etc. Go to Pepipoo and here and look at successful appeals.
  5. Here is the 14 day rule which applies to ANPR cameras from Sch 4 POFA 2012 para. 9: (4)The notice must be given by— (a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or (b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period. (5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
  6. Have you admitted you are the driver? if done by camera was it within 14 days of the event? If not - definitely a soft appeal to POPLA and then a hard appeal. Take a look at [removed] And also try pepipoo. (I am off now and won't be back for a while). Sorry I can't help further.
  7. This has been suggested as a response to an LBA from Parking Eye on Pepipoo Dear Parking Eye [Parking Charge Ref.] I have just received your letter before action dated [DATE]. Please note that I have receipts to prove that the driver and passengers of the relevant vehicle were genuine customers when using the parking facilities related to this case. As you are aware, it is necessary for both parties in any dispute to exhaust all possibilities of resolution prior to the commencement of court proceedings . Therefore, I suggest that you issue me with a POPLA verification code for me to refer the matter for independent adjudication - I understand that ParkingEye Ltd. does not recognise the 35 day rule stipulated by the BPA Ltd Code of Practice (version 1 and 2), therefore issuing POPLA verification code now should not pose any procedural problem for your company. In addition I require: 1. The name and address of the party who contracted with Parking Eye for the provision of their services 2. The name and address of the landowner if different from 1 3. An itemised breakdown of your losses as a result of this parking incident 4. An itemised breakdown of the landowner's losses as a result of this incident 5. An explanation of how the requirements of schedule 4 of POFA giving you the conditional right to pursue the keeper have been satisfied. Alternatively you could simply cancel the charge. Kind regards [PRINT YOUR NAME HERE - no need to sign]
  8. I cannot and do not speak for Nev Metson doughty campaigner against Private Parking that he is. But if you appeal to POPLA - and a win gets easier and easier - then as I understand it, that is the end of the matter and the PPC cannot legally pursue matters. So in that sense it might be considered legal. Not a statutory body as I understand it.
  9. Alternatively - write to the Private Parking Company saying you were the driver. Then they cannot chase the Registered Keeper (boss). Say you believe the charge in unenforceable and a penalty and ask for a POPLA code. Then make a hard appeal to POPLA.
  10. Things have changed since last September. Notably POFA which became law in OCtober 2012. What sort of ticket do you have? If it was put on your car (like a council ticket would be) then they have 28 days to get in touch with the DVLA and get your details. If it was camera recognition system (ANPR) then only 14 days. Wait until a document called Notice to Keeper arrives. Make a soft appeal(look it up) to Napier and state that if the appeal is rejected then you want a POPLA code. BUT DO NOT ADMIT TO BEING THE DRIVER. This appeal will be rejected. Make an appeal to POPLA but go in hard on this one. You should win - that ends it.
  11. De Vere used to have a tame judge there. Not sure if they still do. Be warned. Have you said that that the only thing they can enforce is a pre-estimate of damages? That anything else is a penalty and that private companies cannot enforce penalties? In particular they are not allowed to charge business expenses since these would be the same if they issue any claims or not. And make sure you have a copy of the contract that allows them to take people to court on behalf of the landlord.
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