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PCN Technical Breach of Contract


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Hi all,

 

I wonder if anyone can help in terms of how to challenge a Private land PCN that my mum has just got. She parked in the car park, paid for her ticket, placed it on her dashboard under her windscreen (there was no sticky bit to apply it to the screen). She was observed doing this by the carpark attendant. She then went shopping and came back inside the paid for time to find a PCN on her windscreen. The reason for the PCN was 'Not displaying a valid ticket'. The ticket had flipped over either by a draft or vibration and was not readable.

 

Now, while I can see that there was a 'breach' shall we say of the 'contract' - would it not be fair to say that this is a technicality? The parking was paid for; it was seen to be paid for; there was no overstay. I advised my mum to write to the Parking company to appeal on this basis but they have dimissed it as not relevant and insist that the 'breach' of 'contract' validates their demand for £60 (rising to £100).

 

I'm of a mind to go down the POPLA route but i read in a few places that POPLA don't take mitigating circumstances into account - is this correct?

 

Any advice would be gratefully received.

 

Many thanks

Kholo

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utter clowns.

 

She has bought and paid for the ticket so there can be no breach, another typical PPC racketeering con.

 

If this was a NTD (windscreen ticket) then wait for the NTK (notice to keeper) which must be received within 29 to 56 days after the alleged offence...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Agree, dont contact them as they may not bother to obtain the keeper details or if they do the notice to keeper will probably be flawed. If she contacts them now it identifies her as the driver and she may well find it harder towin an appeal or defeat a claim. they have tosend the NTK out between 29 and 56 dyas after the event or the notice doesnt comply with the law and they lose the right to claim against the keeper. That is why we always recommend waiting to see what they do next

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Was the ticket time and date stamped by the machine ?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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@Dodgeball

 

Hi,

The time stamp on the purchased ticket is 12:25pm. She paid for 4 hours which took her up to 16:25.

The attendant watched her purchase the ticket.

The parking attendant put the ticket on her car at 14:00 pm exactly.

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@Dodgeball

 

Hi,

The time stamp on the purchased ticket is 12:25pm. She paid for 4 hours which took her up to 16:25.

The attendant watched her purchase the ticket.

The parking attendant put the ticket on her car at 14:00 pm exactly.

 

******

 

Edit Apologies to the site team , what i meant was that the parking attendant was a very naughty man.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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When the time comes it will be impossible for the company to claim a breach because I bet that there isnt a parking condition that says the ticket must be legible to anyone who is peering through the windscreen. In parking in council car aprks and on street there is a suitable determination and it isnt favourable to the motorist but that is a different law and the wording of the signage is very specific.

Howevr, the waiting game is applicable at the moment

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You have appealed the NTD which we would not have advised.

 

What is the response from them. Can you post it up redacted please? Have they supplied a POPLA code?

 

You have identified the driver I take it so schedule 4 is irrelevant ...

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