Jump to content

Showing results for tags 'appeal'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • The Consumer Forums: The Mall
    • Welcome to the Consumer Forums
    • FAQs
    • Forum Rules - Please read before posting
    • Consumer Forums website - Post Your Questions & Suggestions about this site
    • Helpful Organisations
    • The Bear Garden – for off-topic chat
  • CAG Community centre
    • CAG Community Centre Subforums:-
  • Consumer TV/Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - Please register
    • CAG library Subforums
  • Banks, Loans & Credit
    • Bank and Finance Subforums:
    • Other Institutions
  • Retail and Non-retail Goods and Services
    • Non-Retail subforums
    • Retail Subforums
  • Work, Social and Community
    • Work, Social and Community Subforums:
  • Debt problems - including homes/ mortgages, PayDay Loans
    • Debt subforums:
    • PayDay loan and other Short Term Loans subforum:
  • Motoring
    • Motoring subforums
  • Legal Forums
    • Legal Issues subforums

Categories

  • News from the National Consumer Service
  • News from the Web

Blogs

  • A Say in the Life of .....
  • Debt Diaries

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location

  1. Hello, I have received a PCN notice for stopping on a restricted bus stand; I will admit I was there, but for such a minimal amount of time, and clearly dropping a passenger off (shown in the photo on my PCN) - do I have grounds to appeal for alighting? The bus stand does have a sign saying 'buses do not pick up passengers from here' and I did not inhibit any bus during the few seconds I was there. Once I saw the sign I got out of there as soon as possible. Any help appreciated. Can someone also confirm if I do appeal, the reduced charge is held until it is resolved? Thanks, L
  2. We need your advice. In December 2016 my partner and I parked one evening at a Euro Car Park in Manchester, paid our £7 evening fee, went to the Christmas market, then left 2 hours after we arrived. At the end of January this year we received a demand for £100 for failing to pay for our parking ticket (it was £100 as we had failed to pay the original £60 charge within 14 days, despite never receiving an earlier purported letter; weirdly, this first letter then turned up two days after the day we received the second letter which was also the day we first contacted Euro Car Parks; hmm). We knew we had paid for our parking, we disputed this notice with the parking company, who said they had no record of our cars registration number having been entered on one of their machines. We also knew we had done this, asked for records of all vehicle details entered onto their machines at the car park, around the time of our arrival on the night in question. This duly arrived and when we read their records we realised what I'd done: I had been driving my partners car that night, and had incorrectly entered my own cars registration number instead of my partners. Feeling relieved that we had proof we had paid the correct charge to park there, we went to POPLA (Euro Car Parks would not budge), explaining how the mistake had occurred, enclosing photographic and documentary evidence to support (photo of my car and reg, proof of ownership and address etc). We're shocked though that POPLA have turned down our appeal on the ground that we breached the terms and conditions of parking in the car park even though we paid to park there, on the ground that we failed to enter a correct car registration ("a valid parking session had not been purchased"), and they have advised us to pay the charge within 28 days; it seems common sense has completely gone out of the window. Euro Car Parks have lost nothing, and we have no intention of paying. Has anybody else had an experience similar to this, and does anyone have any advice on where we stand? Thanks in advance for anything you're able to offer!
  3. Hi, I have had a POPLA PCN Smart Parking appeal rejected and would like any advice on what may happen now. Details My wife was driving my car, parked at Matalan and paid £1 for the correct amount of time. No overstay. Only thing was she put in the car reg of her own car, not mine. When she realised this she tried to contact them to get it changed, but she couldn't get through on the day and on the Monday she was told she'd have to appeal the PCN. (Yes, she should have bought another ticket at the time but it didn't cross her mind and thought it would be an easy thing to rectify.) Appeal We appealed, they said no sorry, it was your responsibility to put in car reg. We went to POPLA, but they rejected appeal with the same conclusion. Question Now what? Will Smart Parking ask for the money again? Does anyone know how likely Smart Parking will take me to court if we don't pay? If they notify me of a court case can I pay at that time if I don't want further hassle? If I go to court and lose, would this be a CCJ against me? Thanks in advance.
  4. Hi. I have read through some posts and believe i need to respond to the questions, below. Apologies for not replying in Red but the formatting will not allow me. Very poorly lit Only machine visible not working PE do not provide any reason for failure of appeal. Many thanks in advance and hope someone can help... it will be Greatly appreciated. Matt 1 Date of the infringement - 23 September 2017 at 21:20:49 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] – 05/10/2017 3 Date received – 10/10/2017 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [N] 5 Is there any photographic evidence of the event? - Yes 6 Have you appealed? {Y] Ticket machine was not functioning and had a message on the screen that confirmed it. Have you had a response? [Y] Please see end of post 7 Who is the parking company? – Parking Eye 8. Where exactly [carpark name and town] - Lido 1 Margate For either option, does it say which appeals body they operate under. - NO but they are BPA members Reply to appeal dated 26/10/2017 Thank you for your correspondence in relation to the Parking Charge incurred on 23 September 2017 at 21:20, at Lido (1) car park. We are writing to advise you that your recent appeal has been unsuccessful and that you have now reached the end of our internal appeals procedure. Our records confirm that no parking was purchased on the date of the parking event, despite there being payment methods available on the day in question. Please be advised: There is an independent appeals service (POPLA) which is available to motorists who have had an appeal rejected by a British Parking Association Approved Operator. Contact information and further information can be found enclosed. See also .popla.co.uk As a gesture of goodwill, we have extended the discount period for a further 14 days from the date of this correspondence. If you appeal to POPLA and your appeal is unsuccessful you will not be able to pay the discounted amount in settlement of the Parking Charge, you will be liable to pay the full amount. If you have already paid the reduced amount, the Parking Charge will be increased to the full amount and you will be liable to pay this increase. By law we are also required to inform you that Ombudsman Services .ombudsman-services.org/ provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.
  5. Hi, received a cheque from Halifax for CC PPI from 2001-2011. Total premium paid was £2900 and they z have paid me £2200 interest. Im guessing this is simple interest when I should have argued for compound interest? Is it too late for me to pursue this any further as I have not signed anything they just sent me the cheque? I'm guessing I have missed out on a good few grand because of this as the card always had a big balance:|
  6. JHi, and thanks to all those who contributed to my other thread in respect of ESA, the help has been greatly appreciated and I would appreciate any same kind advice on my PIP Tribunal was has now been listed and will proceed in a few weeks time. My initial reason for the Appeal has been based on the time it took the assessment, (approximately 14 minutes) and this was for two conditions, physical because I have a heart condition and for my mental problems which are secondary to the heart condition, PTSD, anxiety and depression. During the examination, the assessor just repeated the same questions that l had provided in the questionnaire and no physical examination was carried out, giving the time it took as opposed to other assessments that I have taking , it was as if the decision was already made before I walked in there, the assessor was and in theory just going through the bare minimal motions which I feel is unfair and not to mention the fabricated report which if true would have taking the assessor about 45 minutes to an hour to conclude what he concluded which was a complete pack of lies in all honesty, my wife who cares for me was at this assessment. I feel and this is purely based on previous assessments and not just an assumption that I was denied the right to a full and proper assessment which every claimant should have any rights too, have I got grounds?, thanks
  7. Atos stopped my pip in May, I asked for a mandatory reconsideration but they didn't change the decision. I have a hormonal imbalance (Hypogonadism), OCD, Severe depression, generalised anxiety and tried committing suicide 8 times since 2010. I just can't be bothered with the stress of appealing the decision. Is it common for people who are actually in need of this benefit not to appeal?
  8. I recently stumbled upon this https://www.rightsnet.org.uk/forums/viewthread/11714/ i did little research myself and according to this http://www.legislation.gov.uk/uksi/2015/437/pdfs/uksiem_20150437_en.pdf The DWP would appear to be correct in its decision re non-entitlement of payment ESA @ assessment rate from unsuccessful MR decision to tribunal hearing decision they have some how managed to make it law that any person can only be paid esa @ assessment rate (same as IR JSA) from unsuccessful MR decision to Tribunal hearing once only during their entire lifetime, regardless of a significant worsening or even a new health condition? i don't see any reference to any time limits, can someone please clarify this, surely this can't be correct? especially if the DWP accept there is a significant worsening of an existing condition or there is a new condition
  9. Some help and guidance required if possible, bit of a story behind it all so I'll keep it as brief any more info needed and I'll follow it up. Nearly two years ago I had a Brain Haemorrhage , A large bleed and had Coiling done, Salford Royal Hospital are amazing and saved my life. I had worked in the building trade for 30 years and after the Haemorrr than othershage I was left with the symptoms of a stroke. Down one side , speech mental issues, memory etc. I decided to go down the route of Naturally treating the conditions I was left with and am doing a lot better than hoped. Unable to go back to work I had to claim ESA , I had my first WCA in Wigan and was passed on points and placed in the support group by DWP . After 12 months I had to have a second WCA again at Wigan and ended up having a bit of a row with the Manager. I then had the Assessment and had a strange feeling something was wrong but in the back of my mind I felt comfortable because I had insisted on the Assessment being recorded "what a blessing". Before I carry on , if anyone knows ANYBODY going for a Work Capability Assessment PLEASE PLEASE , tell them to insist on having the Assessment recorded, if for any reason they say no or make excuses please complain . What I say as follows explains. The HCP did her job and carried out the Assessment , a little bit faster than I expected but due to the brain not working as it should I didn't pick up on it . The decision was made by the Decision Maker and I received only 6 points and was told I was fit to work and taken out of support group . Mandatory Reconsideration was done and was pointless having complained about the HCP lying in the Medical report form, and when I say lying you cannot imagine how blatant it was done, absolutely unbelievable. The recordings were transcribed and there in black and white a word for word comparison of what was said , when compared with the Medical Report it was a perfect reverse , every and I mean every word turned upside down. The Medical report described a fit active person . I could go into more detail and will if asked but. Put my evidence in to Tribunal Court although a little late due to DWP not sending me a copy of the bundle to defend against what they were relying on. As I expected it was adjourned . The first thing said to me in the Court was , "not word for word" but , we have concerns that you are recording this Hearing , 3 times I was asked if I was secretly recording and I told them NO. Alarm bells went of in my head, somebody is advising the Court regarding my attitude to having everything recorded , either Maximus or DWP . They were actually really worried and concerned . I asked the Court why no recordings were being made and that I was aware "to my belief" that Court proceedings were normally recorded. I'm sure they said it's because it's not a Court of law. 90% sure that's what they said. I asked if the Court would be requesting the HCP attend , they said NO. How on earth could the Tribunal ignore the importance of what was stated at the assessment by the HCP who then forwarded her Medical Report to the DWP , the outcome was sealed 100% impossible to gain 15 points or more. So it implies to me the HCP will get away with it or at least that's what they think and that is why i'm here.so . 1, Is it possible to start Legal Proceedings against the HCP for fraud 2, Is it possible to have both Tribunal case and Civil case running at the same time 3, Can you insist on the Court allowing recordings being made 4, Would you direct proceedings towards Maximus or the HCP, I would love to name and shame her but understand that I cant at this moment in time This has to be addressed, how many more has this been done to . I would say, that it was done so blatantly done that she must be super confident of getting away with everyone can make a mistake but she may have just kicked me in the balls and stuck the boot in. I don't think that the Tribunal Court have Legal powers, but if this could be gotten in front of a Real Court , then some smelly stuff is going to hit the fan . Can somebody please point me in the right direction of how to initiate this against the HCP . I am confident I can beat the Tribunal , if that goes against me I will Appeal to the 2nd tier Thanks in advance
  10. 1 Date of the infringement 29/7/17 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 3/8/17 3 Date received Not sure 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] N 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? {y/n?] post up you appeal] Have you had a response? [Y/N?] post it up Yes, unsuccessfuly 7 Who is the parking company? SmartParking 8. Where exactly [carpark name and town] Haven Bank Retail Park, Exeter I have recently tried unsuccessfully to appeal against a parking fine that I received due to my partner not entering the complete reg plate into the parking machine. She thought she just had to enter the number part of my reg (04) rather than the whole registration. Fortunately I still have the ticket which matches the number bit of my plate. I believe it is fairly clear from this that I did actually but a ticket. I tried to appeal on the basis that I had evidence that I had paid and explained what had happened but it was rejected as they say that the instructions clearly state that the correct registration plate has to be entered and that I have therefore breached the terms and conditions. It states that in order to appeal again I therefore need to appeal to the independent appeals service. Anyone got any advice? I am determined not to pay the fine when I did actually but a ticket. Cheers, Dave.
  11. Hi TFL lost the appeal against and the adjudicator didnt even hear the appeal and gave decision in my case - how can I claim compensation for loss of time ?
  12. I received 2 parking charge notices from Excel Parking for alleged contraventions of their conditions. The first was for parking on 15/05/2017 and the PCN issue date was 06/06/2017 the second was for parking on 17/5/2017 and the PCN issue date was 05/06/2017. There is absolutely no question that the appropriate tickets were purchased, displayed correctly and we did not overstay their duration. On one occasion my partner purchased the ticket and the other I did, so it would be doubtful if we inputted the wrong registration number although as the last letter of our registration is O it may have been possible that we both inputted a 0 (zero) I appealed these PCN’s (and may have implicated the driver i.e. stating the purchaser of the ticket) but they have both been rejected on the basis that no similar registration numbers were found in their system at that time. Their ‘independent’ appeals service is IAS who I believe from internet searches are an ‘in house’ company which rarely uphold appeals. I have now requested logs from the machine as I have now discovered (from another forum) that other people have had the same issue during that period in May 2017. I now have only a few days until the 14 day dead line for appeals is up before they increase the charge from £60 to £100 for each notice. If I can get any help on this forum which will help me sort this situation I will happily donate half the saving i.e. £60 to the forum fund.
  13. Hi, I am new on here. I have had a bad couple of months which includes having my DLA stopped, PIP application rejected and to cap it off my ESA stopped because I did not attend an medical assessment not because I deliberately failed to attend but because the DWP did not give notice or they did but the Royal Mail failed to deliver notification which happens giving half a million letters go missing every year. My main question is that when in receipt of ESA and because of my health and mental issues I was placed in the "support group" and remained receiving the rate which as I understand is slightly more than someone being placed in work related activity group for a number of years. Giving that I was in the support group are the rules or regulations for appeals including any mandatory decision different, and in particular is ESA payable during the appeal period, because I was in that group as opposed to receiving ESA IN A WORK RELATED GROUP. My last payment was made on 6th June ESA, and I have had to apply for UC which will not be paid until the 29th of this month so I am in a bit of a hole financially and I feel the DWP have handled the whole matter with complete contempt and without any reasonable thought but I expect others are experiencing the same withdrawal of benefits its been quite brutal. My main question is this, should have the DWP still be paying me ESA because I was in a support group pending any appeal or mandatory decision which has now been giving?, any help would be greatly appreciated as I feel quite isolated at the moment. Any help would be appreciated. Thanks
  14. I am a homeowner who moved to Canada last year. I had a tenant at the property and set up temporary redirection which ended in a February 2017. I missed a January service charge / ground rent payment and within a week or so, my account was referred to solicitors. I became aware of this because I received a redirected mail from the solicitors. I immediately called the solicitors, informed them on the phone that I was now resident in Canada but would make immediate arragements to pay. I requested a breakdown of charges as well as the option to pay in instalments. They asked for my email address and sent me a breakdown 2 days or so later. I responded to the email requesting for a payment plan and fee waiver and they wrote back insisting that though no longer resident in the UK, I still owed them the full amount ( I never disputed this). I accepted to pay the full amount we negotiated by email - I proposed, first 7 monthly instalments which they rejected, and then 4 monthly instalments, but they insisted on either 3 monthly instalments or permission for them to approach my lender, for a fee. I insisted on my proposal as it was what I could afford. A few weeks after they rejected my payment plan and said they would 'now take legal action', a default ccj was entered against me. I found this out shortly after I returned to the UK in April. I applied for a set aside on the basis that I was not resident in the UK when the claim forms were sent and never received them and hence couldn't put in a defence. More importantly, the claimant was already aware that I was not resident in the UK at the time. The hearing was held between myself and the claimants solicitor, and the judge rejected the set aside request saying that while he could set it aside, he did not agree that I wasn't properly served, and as such he would not set it aside. Rather, he said he would allow instalmental payment - the same monthly amounts that the claimant had previously rejected.. Given that I had informed the claimant that I was no longer resident in the UK as required by law, and that knowing this, the claimant had the forms sent to an address that they knew I was not residing at, it does not appear that the judge gave this consideration the seriousness it deserved. I would like to know if there are any chances of successfully appealing this.
  15. Hello guys, So this morning I had a letter through the post stating the following: PARKING CHARGE - NOTICE TO KEEPER Vehicle Registration: redacted Vehicle Make / Model: redacted Site Name: Ferry Meadows Period of Parking: Sunday 11 Jun 2017 18:06:52 to Sunday 11 Jun 2017 19:16:24 Reason for Issue: None Payment of Parking Amount of Charge: £50.00 reduced to £25.00 if paid within 14 days Driver Liability The driver of the above vehicle is liable for a Parking Charge in the above amount which, at the date of this notice, remains unpaid in full. The charge having been incurred for the reason as stated above and liability for the same having been brought to the attention of the driver by clear signage in and around the site at the time of parking. Register Keeper At the time of this notice the creditor does not know both the name of the driver and a current address for service for the driver and as the registered keeper of the vehicle YOU ARE NOW INVITED TO (i) Pay the unpaid Parking Charge; or (ii) If you were not the driver of the vehicle, to notify us of the name of the driver and a current address for service for the driver AND pass this Notice on to the driver Appeal In the event that you wish to dispute liability for this Parking Charge, within 21 days, (beginning with the day after that on which this notice is given, please provide your full name and address, vehicle registration number and the Parking Reference at the top of this Notice providing your full reasons. Appeals should be sent to (insert email) or by post to Appeals Dept, Unit F the Court, Kestrel Road, Manchester, M17 1SF Appeal decisions should be provided within 28 days. In the event that your appeal is unsuccessful then we will provide you with appropriate details enabling you to lodge an appeal to an Independent Appeals Service. Details of the appeal procedure can be found at www the IPC info Payment Payment should be made at parkwithease co uk, or by sending a cheque to the address above quoting your reference Cheques SHOULD BE MADE PAYABLE TO PARK WITH EASE Today after receiving the notice, I returned to look for the signs, on leaving there is 3, however very small. and often just a P with a £ under it. There is also no signs showing that its CCTV monitored. The time I was there is also incorrect, at the time it states is actually when my car was parked on my drive. - After checking I don't know if this is true. I thought this was issued in July. Looks like I am going to get 2 tickets coming! I would appreciate if someone will let me know what my rights are and if I should appeal. On a side note, if I do decide to pay, there website is not HTTPS protected and who does cheques anymore, so will probably have to call them anyway. Thanks, Tom
  16. Would very much appreciate some guidance in putting together an appeal for county court. Mainly in terms of putting paperwork together. All. help would be greatly appreciated. Martin
  17. Hi, I'm a new user here. I was caught stealing 4 items worth £1 each from Sainsbury's. This is my first time shoplifting (I'm obviously not very good at it) and it will be my last as I'm completely in pieces about it, and I have learned my lesson but I won't go into all that. They issued me with a letter saying that I'm BANNED from ALL Sainsbury's stores FOR LIFE. They didn't pass my details on to the police, and I'm grateful for that. I can't begin to explain how debilitating this is for me. I know I caused it myself, but I shop for my partner who can't lift. I also have anxiety that's related to blood sugar issues and makes it hard for me to leave the house - I sometimes get caught out and I have to dip in somewhere immediately. I'm already hugely anxious about how this ban will affect me and I feel like I've let down my partner. I know I caused this on myself but I just can't face a lifetime ban for this stupid mistake. I was told I can appeal to the area manager for a lift on the ban. MY QUESTIONS ARE 1 - what should I include in the letter of appeal? What kind of tone should I take? Should I tell them my situation with my partner? 2 - if I admit to shoplifting in writing, will that make my case even worse? I already admitted in the store, so maybe this won't be an issue. 3 - Has anyone else had success lifting a ban like this before? Any advice on this much appreciated. I'm really ashamed and won't be shoplifting ever again.
  18. I was caught speeding in a 30mph and pulled over for checks, when the officer checked my insurance he said it was coming up as only my partners name on the insurance. To cut a long story short, the insurance company had made a mistake on the policy, I have never driven without insurance in all my years of holding my licence. I was sent a plea form through which I filled out online including mitigating circumstances. My fine came through the post a week or so later with 8 points and a £1000 fine (without the speeding included) is this common for a first offence with mitigating circumstances? I have since contacted the magistrates who claim they hadn't received my plea.Can I appeal the fine and points?
  19. Hey everyone, I need your help, today I received an email from IAS (Known as Independence Appeal Service) that my appeal for unfair car park charge have been dismissed after I was told that the appeal would take a week but it take them two days for them to dismissed my appeal. Here is what it said: Dear Chris, The Independent Appeals Service (IAS) has received a decision from the Independent Adjudicator regarding your recent appeal for the below PCN. Parking Charge Number (PCN): XXXXXXXXX Vehicle Registration: XXXXXXX Date Issued: 2015-11-10 Appeal Outcome: Dismissed The Adjudicators comments are as follows: "I cannot allow the appeal on the basis put forward. It is difficult to follow the Appellant’s submissions but I believe they are arguing that they have been given an incorrect permit, although it is not clear from whom they received this permit. In any event the contractual terms advertised on the signs make it clear that any driver parking without displaying a valid permit agrees to pay the charge. The Appellant claims to have a visitor permit, but they were not displaying this, nor have they provided any evidence that they are entitled to a permit. Even if I accept the Appellant’s submissions, it would not change the contractual terms. If the Appellant does not have a valid permit they may park as they did and pay the charge or park elsewhere. They chose the former, and the appeal is dismissed. "As your appeal has been dismissed, the Independent Adjudicator has found, upon the evidence provided, that the parking charge was lawfully incurred. As this appeal has not been resolved in your favour, the IAS is unable to intervene further in this matter. The Operator must now allow you 14 days to make payment before they commence any action to enforce the charge. Should you continue to contest the charge then you should consider obtaining independent legal advice. Yours Sincerely The Independent Appeals Service
  20. Hi Just received the attached today 12th July. I was back in the car 4 minutes before the parking expired I was unaware that there were cameras up and was loitering near the exit waiting for the family to catch up. I thought as I was in the car out of the space that there wouldn't be a problem as I wasn't aware as I say there were cameras on the entrance/exit. I presume i'll have to pay this now, i'll need to pay in installments as my only source of income is my ESA so can't afford even the £60 discounted figure. There is signage up in the car park but I didn't see mention of anything to do with ANPR cameras anywhere, as it was a pub car park with a ticket machine I assumed it'd just be the pub enforcing it. Any suggestions gratefully received, thanks
  21. Hi guys i wanted to ask has anyone on here come across the same prob now as myself I have been claiming jsa for nearly 2 years i have also had my mortgage interest part paid i have just recieved a letter teling me after next month i wont be getting any more help with mortgage payments and to make payments to them myself now this is going to be hard as im only on £100 a week for me and wife Can anyone tell me if there is any help out there at all to help i have worked all my life paid all my taxes and when i need it during these tough times its about to make me homeless unless i can pay my payments please any advice
  22. Summary : I had been to a Car park which is adjacent to Rail station to drop by wife. There were road construction, and for safety reason I decided to pull the car into a Car park, and left the site in less than a minute. Exactly, at the same time, I been again to the car park, and left the site in less than a minute. The Car park has issued a Parking charge notice by picking up images of entry on day1 and exit on day2, claiming that my car was parked for 23 hours and 59 minutes and did not pay the parking charges. Parking Charge Notice issued by private car park accordance with the BPA code of practice 1 Date of the infringement - 1st dec 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - 10th Jan (after 40 days of offence) 3 Date received - 13th Jan 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] no - it was accordance with the BPA code of practice 5 Is there any photographic evidence of the event? Yes - Entry image of Day1 and Exit image of Day 2 6 Have you appealed? {y/n?] Y – I said the fact as what happened. And also acknowledged that I was the Driver. Have you had a response? The response dated 25 Jan was very simple - Having carefully considered the evidence provided by you, we must advice your appeal has been unsuccessful on this occassion 7 Who is the parking company? APOCA 8. Where exactly [carpark name and town] Slough East Car Park, Slough For either option, does it say which appeals body they operate under. – Yes POPLA. I appealed with Popla on 8th Feb, and they have rejected on 8th Mar saying “In terms of the technology of the ANPR cameras themselves, the British Parking Association (BPA) audits the ANPR systems in use by parking operators in order to ensure that they are in good working order and that the data collected is accurate. Independent research has found that the technology is generally accurate. Unless POPLA is presented with sufficient evidence to prove otherwise, we consider the technology was working at the time of the alleged improper parking. Based on the evidence provided, I can only see one entrance and one exit for vehicle registration X. Therefore, in this case I conclude that the charge was issued correctly.” In addition I’ve raised the following points: “I gather that the Parking Charge Notice issued to me on 10th Jan (Notice to Keeper) does not comply the following: 1. The period of parking to which the notice relates to (POFA 2012, Schedule 4, paragraph 9 (2) (a) ), is missing from the Parking charge notice issued on 10th Jan, later this information was provided to me in the rejection letter 2. The deadlines by which the Notice to Keeper must be served, which differ depending on whether or not a Notice to Driver was issued first (paragraphs 8(5) or 9(5)) – the Parking charge notice was issued to me (Notice to Keeper) after 40 days. No notice was issued at the site. 3. Automatic number plate recognition (APNR) - Quality checks: before you issue a parking charge notice you must carry out a manual quality check of the ANPR images to reduce errors and make sure that it is appropriate to take action. In this instance, basic checks are missing.” they responded saying - I note the appellant’s comments however, the appellant has admitted to being the driver of the vehicle on the day in question. As such, the operator does not have to rely on PoFA 2012 to transfer liability from the driver to the Registered Keeper. Therefore, I do not need to consider whether the operator has met the requirements of PoFA 2012. I also mentioned that “In case, my appeal is rejected then it will be helpful if I can be provided with the evidence that my car was in the car park for the duration mentioned in the appeal rejection letter, the car has not left the car park on 1st Dec and entered again on 2nd Dec. There are several cameras at the site to make the car secure that can help to produce more evidence.” - No response I did attached my credit card statement that contains a transaction dated 1st dec that I been to Tesco Petrol station at Hayes around 8:20am but unfortunately, there is no time in the statement. in addition I attached the rail ticket credit card payment ticket for both the days, but again it was my unfortunate that the print on those tickets is missing the time of transaction. I picked my wife and her colleague from the Ealing broadway station on the same evening and can provide witness statement / contact details for verification. POPLA ignored all the evidence I attached to the appeal. It is very disappointing to see that these companies are making individual life so miserable, I've already spent more than a week since 13th Jan to understand and educate myself so that I can prove that I did not park. I would like to check is there anyway I can raise this complaint with APOCA, POPLA, ISPA and BPA. also, what else should I do so that they don't send me all those unwanted claim letters. It will really appreciable for your suggestions and thank you in advance.
  23. I was awarded ESA support group in 2014. On November 21st 2016 I was interviewed by a Health Care Professional. This interview was postponed from May 2016 because someone had lost my file. On December 22nd 2016 a decision maker telephoned me to ask questions as the assessor had awarded 0 points and he was puzzled by her report. during the interview he thanked me several times for providing more information and each time said "she didn't put that down." When the interview was over he said that he would award me 15 points and that my benefit would carry on at the same rate until furthur notice. On 24th Janaury I reveived a letter stating that I had been moved to the WRAG group on December 20th 2016. On 25th January I phoned to request a mandatory reconsideration. I was told that someone from DWP would ring back later that day. No one did. On 30th January I wrote asking for a reconsideration and also for copies of the evidence used to make the decision. On 4th February I receieved a letter which said that DWP would not change the decision, including infomation that although they are aware of my previous record of mental health poblems that it was not taken into account because it was my condition on the day of the assessment which matters. They did not include copies of the requested evidence. The letter also said that no new information had been received, I wasn't given the opportunity of providing any. I intend to appeal but the letter does not contain the information as to how to do this despite the original letter to me saying that if a reconsideration did not result in a change, information about an appeal would besent to me.
  24. I have been on ESA for approx 3 years with anxiety and depression, after having my appointments at my local job centre last year being cancelled one after another, i think i only attended once, I received a assessment form to complete towards the end of the year and was subsequently called in for a medical by the lovely ATOS in December. During the 3 years I have also had arthritis which has developed into severe osteoarthritis of both knees and hip resulting in me taking 25 tablets a day including Morphine. Needless to say the result of my so called examination was that I scored zero points and was taken of ESA, I received this notification beginning of January this year. I requested a copy of the report as I intended on requesting a Mandatory Reconsideration and was horrified to read the contents, the so called HCP had lied on throughout and twisted my answers so I mediately compiled my MR along with a supporting letter from my GP and the help of a friend of mine and submitted it. I received my decision back yesterday only to find that they are still not willing to change it despite outlining the areas where the HCP had been creative and gave them my correct answers as well as covering other areas raised. I am now at the point thinking is it worth taking it to a tribunal and causing more upset and stress just to be met with the same response or just call it a day as it has certainly impacted on my health, so any advice would be greatly appreciated. Tim.
  25. Have received in the post today a PCN from Parking Eye for over-staying in a car park at a retail park in Dewsbury. Details as follows: Date of the infringement: 31 August 2016 Date on the NTK: 6 September 2016 Date received: 10 September 2016 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Yes Is there any photographic evidence of the event? The letter includes 2 time-stamped photos of my car registration plate entering and leaving the car park. Have you appealed? Not yet - wanted to get advice from here first. Have you had a response? See above Who is the parking company? Parking Eye I am aware that the advice on dealing with these PCNs has changed from the "ignore it, they have no legal standing" advice of previous years so wanted to get some advice on how best to respond. I take it I need to appeal to Parking Eye, which will naturally be rejected, and then to POPLA? On what grounds is it best to appeal? I did overstay in the car park by about 30 minutes (though tbh I can honestly say I have parked in that car park many times and never noticed the signs stating the time limit etc - am guessing they are probably high up (above eye level) on lampposts as that seems the favourite place to put them these days) basically because the appointments we had (with the bank and then in the mobile phone shop) took longer than expected. The advice on the appeals and complaints procedure on the reverse of the letter says to include things like store receipts or proof of purchases etc. Do I include the store receipt from the mobile phone shop? So I bother the staff member we had an appointment with at the bank and ask her to send me confirmation of our appointment time etc? :/ Thanks in advance for any help.
×
×
  • Create New...