POPLA Appeal For PCN with Incorrect Vehicle Registration

[clarkenuttal]

I attended Comer Business And Innovation Centre at North London Business Park managed by Secure A Space Ltd on the 19th of March 2015. On my arrival I attended the facility reception area where the lady on reception instructed and guided me to park in one of parking spaces available which was marked "Staff" and following on instruction given I Parked my car. I was even given a Visitor Parking Permit that I clearly displayed in the Windscreen After finishing and attending my car I realised my had parking ticket

The Vehicle Registration on the PCN issued is incorrect however make, model and colour of the car is correct.

I appealed this without mentioning my Car Registration on the basis that I parked based on instruction provided by receptionist and that she could be contacted if needed.

However my appeal got rejected and I was given option to challenge it with POPLA. I want to ask very Important question:

1) Is this a valid PCN if it has INCORRECT VEHICLE REGISTRATION NUMBER?

2) Can it be enforced if I choose to ignore it?

Any help would be highly appreciated

[Guest]

thing is, you have already responded to it as yours. poss acquiescence re the number?

whether that wld now be enough of a technicality? see what the guys say.

[SabreSheep]

Hi there

 

Have a look at the forum and look for defences used in popla.

 

Whilst you have the registration plate defense, that alone may not be enough so do not pin your hopes on it.

 

Instead

 

Use penalty not a Genuine Pre Estimate of loss, therefore unenforceable penalty argument.

 

Also read up on whether they are contracted by the landowner and not just a company renting the land. If they are not, then no Locus Standi

[SabreSheep]

The plus point is that no matter what you put on your appeal to the parking company, it still would of been rejected.

[clarkenuttal]

I attended Comer Business And Innovation Centre at North London Business Park managed by Secure A Space Ltd on the 19th of March 2015. On my arrival I attended the facility reception area where the lady on reception instructed and guided me to park in one of parking spaces available which was marked "Staff" and following on instruction given I Parked my car. I was even given a Visitor Parking Permit that I clearly displayed in the Windscreen After finishing and attending my car I realised my had parking ticket

The Vehicle Registration on the PCN issued is incorrect however make, model and colour of the car is correct.

I appealed this without mentioning my Car Registration on the basis that I parked based on instruction provided by receptionist and that she could be contacted if needed.

However my appeal got rejected and I was given option to challenge it with POPLA. I want to ask very Important question:

1) Is this a valid PCN if it has INCORRECT VEHICLE REGISTRATION NUMBER?

2) Can it be enforced if I choose to ignore it?

Any help would be highly appreciated

 

I never talked about Registration. Never confirmed or told them about real Registration. Given the fact they don't have my correct Registration can this whole thing be ignored?

[Guest]

I never talked about Registration. Never confirmed or told them about real Registration. Given the fact they don't have my correct Registration can this whole thing be ignored?

 

as per my post #2

[SabreSheep]

my gut instinct is to say no

 

at the moment the GPEOL appeal route if followed correctly is full proof.

 

As they have given you a poplar code they may try and issue a court claim for you to defend.

 

IMO use the poplar code and draft an appeal here. Once appeal upheld, game over for them

[Guest]

chld've disputed/ignored re the number in the first instance, whether still can do re a technicality?

[SabreSheep]

On its own, not enough. The appeal im assuming would have included a reference number from the ticket.

 

Im guessing that reference number will now be assigned to the OPs name and address. OP saved the parking company £2.50 that they would of had to have paid the dvla for the details. Now the balance of probabilities is that the ticket was applied to the defendants car as the defendant appealed it.

 

Hence the need to now do the POPLA appeal properly

[f16]

It's a shame you responded to the NTD (windscreen ticket) because they would have contacted DVLA and be given the keepers details for the wrong number plate, and you would never have heard from them.

 

You should have waited for the NTK which would never have arrived. .... Well not at your address !!!

 

On the NTD you found on your vehicle. What is the "alleged" offence ???

[Guest]

It's a shame you responded to the NTD (windscreen ticket) because they would have contacted DVLA and be given the keepers details for the wrong number plate, and you would never have heard from them.

 

 

thats what i meant post #8

OP has responded re an initial appeal, so more difficult now to dispute re reg no. issue alone. unless there can be a technicality?

[clarkenuttal]

thing is, you have already responded to it as yours. poss acquiescence re the number?

whether that wld now be enough of a technicality? see what the guys say.[/quote

 

 

When I responded I never mentioned any number plate. I didn't tell them about number plate being wrong on the PCN or told them about my correct registration plate.

[clarkenuttal]

What basis can this whole be challenged on now?

[f16]

What was the "offence" ??

[clarkenuttal]

thats what i meant post #8

OP has responded re an initial appeal, so more difficult now to dispute re reg no. issue alone. unless there can be a technicality?

 

 

 

When I replied or challenged that ticket I never provided them with correct Registration Plate or Gave them any address. Whole communication happened via email. Does it still count as OP responded issue you've just mentioned?

Also the alleged offense is that I parked in bay marked as "S" for Staff. However I did so as I was instructed to do so by member of reception team on the site. I included that person's details on my appeal for Parking Company to confirm but it seems they never contacted that person to confirm. If I somehow get reception person to confirm this will it help my appeal?

[f16]

I never provided them with my address details either. All communications so far has only happened via email address. Does that help the cause?

 

RESULT !!!!!!

 

Tell them to go chase the DVLA for the keepers details !!!!

Don't let on why because it costs them £29.00 to get the information.

[Guest]

thing is, you have already responded to it as yours. poss acquiescence re the number?

whether that wld now be enough of a technicality? see what the guys say.[/quote

 

 

When I responded I never mentioned any number plate. I didn't tell them about number plate being wrong on the PCN or told them about my correct registration plate.

 

 

issue is that you have already appealed accepting the ticket as yours. yr appeal then being that you were given permission etc. not mentioning an incorrect reg no.

now, you consider whether the incorrect number on the pcn wld be a means of appeal ie a technicality. am not entirely sure (though have an idea ), and posed the issue re 'acquiscence'. or whatever might be applicable in the circs.

there may be other means of appeal, as sabre/f16 posed?

[clarkenuttal]

What was the "offence" ??

 

 

Reason as per ticket is "Un Authorised Parking"

[clarkenuttal]

On its own, not enough. The appeal im assuming would have included a reference number from the ticket.

 

Im guessing that reference number will now be assigned to the OPs name and address. OP saved the parking company £2.50 that they would of had to have paid the dvla for the details. Now the balance of probabilities is that the ticket was applied to the defendants car as the defendant appealed it.

 

Hence the need to now do the POPLA appeal properly

 

What basis can I challenge this on?

[clarkenuttal]

 

 

issue is that you have already appealed accepting the ticket as yours. yr appeal then being that you were given permission etc. not mentioning an incorrect reg no.

now, you consider whether the incorrect number on the pcn wld be a means of appeal ie a technicality. am not entirely sure (though have an idea ), and posed the issue re 'acquiscence'. or whatever might be applicable in the circs.

there may be other means of appeal, as sabre/f16 posed?

 

 

 

Ticket was issued as "Un Authorised Parking". I challenged it on the basis on being advised to park in the space as once someone from the site has advised me to park there its not technically "Un Authorised Parking"

[f16]

See what the "Legal Crew" say in the next day or so .

 

But if you have not given a postal address then I don't see how they can "trace you"

 

They will be contacting the keeper of the registration number their "Monkey" recorded incorrectly :lol:

[clarkenuttal]

When I replied or challenged that ticket I never provided them with correct Registration Plate or Gave them any address. Whole communication happened via email. Does it still count as OP responded issue you've just mentioned?

Also the alleged offense is that I parked in bay marked as "S" for Staff. However I did so as I was instructed to do so by member of reception team on the site. I included that person's details on my appeal for Parking Company to confirm but it seems they never contacted that person to confirm. If I somehow get reception person to confirm this will it help my appeal?

 

 

 

Sorry my mistake I've provided them with my address details now what options does it leaves me with?

[clarkenuttal]

The reply from Secure Parking is as Follows:

 

 

Dear Sir/Madam,

Re: Parking Charge Notice Number ****** (Vehicle Registration: ** ** ***Incorrect)

Site: NLBP

Issue date: 19/03/2015

Thank you for your appeal received on 22/03/2015 regarding the above detailed Parking Charge Notice. Having carefully considered the evidence provided by you in conjunction with the evidence gathered by the parking attendant and the photographic evidence taken we have decided to reject your appeal (how carefully have they considered the evidence that they haven’t even seen the licence plate being different?)for the following reasons:

The Parking Attendant took clear photographic evidence of the vehicle parked without a valid permit on display for this area (In Correct As Permit was Displayed and I still have Permit). The Contractual Agreement Signs which are displayed at both the entrance and at various highly visible points around the private site (one being located in extremely close proximity to the vehicle) state that "By parking outside of a marked or allocated bay and/or not clearly displaying a valid permit will result in the driver agreeing to pay a Parking Charge Notice of £100.00 reduced to £60.00 if full payment is received within 14 days".

The red bays marked with an S are for staff only. The staff members would not have informed you that is was acceptable to park in these bays (I was actually told to do so and I included name of person who advised me but they ignored it). The signage similarly states that the parking is for staff members only.

We are therefore unable to cancel the Parking Charge Notice as it was issued correctly. You now have a number of options from which to choose;

1. Pay the parking charge at the prevailing price of £60 to reach us by 21/04/2015 or £100 to reach us by 05/05/2015 within 14 days. Please note that after this time the discounted rate will no longer apply and the Parking Charge Notice will rise to £100.00.

2. Make an appeal to POPLA – The Independent Appeals Service by completing the accompanying form or by making your appeal online at http://www.popla.org.uk . Please note that if you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £60.00 (if applicable) and should POPLA’s decision not go in your favour you will be required to pay the full amount of £100.00. If you opt to pay the parking charge you will be unable to appeal to POPLA.

3 If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you. This may incur further charges. (Letter continues with details to pay and how to appeal)

[SabreSheep]

My advice still stands.

 

The PCN is now registered against your name.

Ignoring it will result inn them issuing a court claim

 

You can either prepare a proper POPLA appeal here

 

Or wait until the court claim lands.

[clarkenuttal]

My advice still stands.

 

The PCN is now registered against your name.

Ignoring it will result inn them issuing a court claim

 

You can either prepare a proper POPLA appeal here

 

Or wait until the court claim lands.

 

 

 

In this case can you kindly guide me prepare a Proper POPLA case?