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About davyatsea

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  1. i've uploaded the photos above. Does anyone have any suggestions? I will probably get this appeal onto POPLA in the next few days. According to the signage, it states they have landowner's authority, so I will probably go down the road of unfair penalties and contract. I will also bring up the grace period and the signage being unclear from a drivers perspective. If anyone spots anything else, please let me know.
  2. Photos uploaded as requested. Hopefully this works this time. Many thanks. Parking Eye Signage.pdf
  3. Unfortunately not. This was the only suitable long stay car park within a reasonable walking distance to the job centre
  4. Unfortunately, I wasn't a customer at the hotel. The driver of the car was conducting interviews at the nearby job centre and couldn't return to the car within the time they had paid for. Just seems excessive to charge £100 for 20 minutes parking with 6 hours already paid for.
  5. Hi there. I received a NTK dated 27th August for staying in the car park at Ramada Hotel, Solihull for 6 hours 20 minutes. I can confirm that the driver (unidentified) had purchased a ticket from the pay and display machines for a period of 6 hours. The driver was unable to return to the vehicle within the time period due to being in a customer interview. I know that POPLA do not always consider personal circumstances in appeals, so I will attach documents for your advice. I appealed using the Parking Eye online form, but it had came back unsuccessful, which I am not surprised really. Regardless of the terms and conditions within the car park, the signage from a drivers point of view are unclear and as far as I can tell, there is no landowner authority. Having said that, there are terminals within the hotel, which suggests that Ramada has given permission to operate the car park. Any advice would be greatly appreciated. Many thanks. Link to photos of drivers eye view at entrance to car park is here... https://postimg.cc/gallery/ljwmv3ao/ Parking Eye Reject.pdf Parking Eye NTK REDACTED.pdf
  6. Apologies to everyone for the delay in coming back. We've been on holiday for a week in the sun, so have been off line for a while. Telephone hearing with independent adjudicator was today, and we won. The council did not take part in the tribunal and we won on the basis that they accepted the payment as full and final settlement. I believe this was a fair telephone hearing and a victory for the 'small man'. I won't post any transcripts unless asked for in order to help others. At the end of the day, we did not have any issues with the PCN being issued, it was the way in which the council conducted itself after banking the cheque for the original payment. Many thanks to all who advised on my original post.
  7. Many thanks everyone. I've submitted the appeal to the traffic penalty tribunal on the basis that BCC have accepted the cheque payment. Will I succeed? Genuinely I'm not sure, but looking above, there is hope and I have nothing to lose. As I said at the start, there was no issue with how the PCN was issued. Its the way the council dealt with things after processing the cheque payment. Many thanks again.
  8. I don't know for certain. Its only what the council said. The cheque payment was sent the previous day, the 19th as far as I remember. My wife dealt with this, so between me and this forum, I'm not certain.
  9. Just figured out how to do this. Amended versions attached this time. Many thanks. Birningham Car Parking Reject.pdf BCC_Notice_to_Owner_-_redacted.pdf
  10. Hi there. My wife, received a PCN for parking in an area, which was permit holders only from 11am till 12pm on 07/5/19. She returned to the car at 11.16am to find the PCN attached to the car. The PCN was correctly issued, so there is no issue with that. Due to financial circumstances at the time, she sent a cheque to Birmingham City Council with a postmark dated 20/5/19, which cleared our joint account on 28/5/19. This was for the discounted amount of £35. In our opinion, this was sent well in time, considering the time elapsed for first class post and allowing for cheque clearing times. We thought this penalty charge notice was cleared with no further action. We then received a Notice to Owner dated 11/6/19 stating that no payment has been received or any payment received has been insufficient to clear the penalty charge. There was no acknowledgement of the payment that had been made. My wife made the appeal to Birmingham Council on the basis that the cheque had been processed, but this appeal had been rejected on the basis that the cheque wasn't posted in time. A further payment of £35 would now be due. I am aware that council tickets are payable, but I see there is an opportunity to refer this to the traffic penalty tribunal, but only under strict guidelines. Is this one worth pursuing, or do I just bite the bullet and accept there is no escape from this one. Thank you. BCC Notice to Owner - redacted.pdf Birningham Car Parking Reject.pdf
  11. Not sure what GPEOL means? As far as I am aware, the driver (still not identified) would have paid for parking using the Ringgo app, which adds extra onto the car parking charge.
  12. Many thanks ericsbrother. I've just looked and you can pay for 24 hours, so I would struggle on that one. Just a thought though... Checking through, the notice just stated the location as Institute Road, Kings Heath. Please correct me if I'm wrong, but the location should be stated as Institute Road car park. A search of google maps tells me that the road, Institute Road is a distance of 0.31 miles and is not managed in its entirety by ECP. Only in the second paragraph of the NTK is there reference to any car park. Would I be right in being able to use this in any appeal to POPLA, and also the perceived cost to landowner of overstaying by 40 minutes? I do not believe that this is a fair and proportionate cost for the landowner.
  13. he parked in the ECP car park and paid for 4 hours by using the Ringo app. Due to commitments at her work, she was unable to return to the vehicle, or extend her time. The ANPR clocked the car leaving the car park some 40 minutes after the ticket expiry time. The first we knew about it was when the NTK arrived. She did attach photos of the car park signage to the appeal letter, which I can attach in a minute. Appeal letter attached here, along with reply/reject from ECP. Unfortunately, my wife wanted to save me some work by doing the research and doing this appeal. Seems to have ultimately created me more work in researching before submitting to POPLA. Photos attached. There is one more photo, but I'm limited to size. I will also reply to the thread quoted as the first answer to my thread. ECP Reject redacted.pdf ECP Appeal Letter redacted.pdf
  14. Hi there, my wife received a NTK for overstaying car park... 'Breach of Terms and Conditions. She made her appeal to ECP, but it came back rejected. At no time has she identified herself as the driver, just herself as the Keeper. I know the driver purchased a ticket valid from 1333 and expired at 1733. ANPR stated that the vehicle entered the car park at 1329 and left at 1808. So, as the keeper, she is being chased for £60 (discounted) or £100 (full cost for a period of 39 minutes. She submitted an appeal using a template found on a similar website, but surprise, it came back rejected. I have a POPLA code and intend to appeal online on her behalf Its just what category is best to use, and what detail I need to put in the box. I won't attach any documents to this post, as I'm sure they are similar to most that have been uploaded already. The research i have done so far has led to confusion, hence asking directly. Only snag is that she has lost the original NTK, so all I have to post (if need be are her letter of appeal and the rejection letter from ECP - both redacted. Thank you.
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