Park with ease (white moss, rydal)

[cumbriaman]

I sent a letter on the 21st day telling the parking company there is no liability due to the fact POFA time lines hadn't been adhered to and am awaiting a response,

 

today I have been in contact with someone else who had a similar charge on the same alleged date,

 

I have seen a copy of there PCN and the dates the same but they have already gone through the appeal stage and they have had a rejection letter pretty much covering every aspect of appeal,

 

they are also stating that they have not claimed to and are not seeking to pursue the matter through POFA

[dx100uk]

Std rubbish

Ignore

I've heard they are not taking anything further due to the anpr issue's

[cumbriaman]

Yeah we are ignoring but where do they actually stand admitting they don't comply with POFA

[ericsbrother]

ignore means ignore..

 

 

Read about PWE and this place in particular.

By saying they are not relying on POFA they cannot create a keeper liability.

 

 

this means they are misusing the access to the KADOE system od the DVLA and in reality cannot take you to court because they lack a reason to do so

- saying "we think that this person is the driver so maybe we may have a contract with them" doesnt really cut it.

[cumbriaman]

I am ignoring from now on, I just wondered where they stood by not adhering to POFA and admitting doing so

[cumbriaman]

Whilst awaiting the response for my appeal I decided to contact the local MP for the area which the car park is in, he took my complaint on board and contacted both the parking management company and the land owner and they have hid behind data protection and declined to discuss the case with him so he can't do any more, the land owner said that complaints are always dealt with promptly and fairly but all they done in my case was pass on my details with the management company, I'm starting to think the land owners are in on this [problem] aswell

[dx100uk]

Post 24 refers

[ericsbrother]

If your MP can be bothered to take it further then you can give them express authority to release your data to him. In reality he wont have the time to continue chasing this up and anyway the parking co and landowner have an interest in continuing this dissembling so unless the MP wants to go on some crusade it is as far as you can reasonably expect them to go as you arent realy suffering any personal loss.

However, this does keep them on their toes and they wont like it if other MP's write and ask them why they cant organise a p*** up in a brewery and eventually the POFA may get revisited by way of new legislation or amendment of the existing law regarding access to keeper details.

[cumbriaman]

I was actually considering contacting someone who's responsible for POFA to suggest a few ideas which would make parking charges more fairer but I wouldn't know who to contact

[ericsbrother]

dont waste your time, it is legislation and it isnt going to change unless every MP gets a postbag full of complaints every week

[cumbriaman]

Hi all , just an update to this particular case.

 

 

An appeal was sent within the allocated timescale to do so and we have heard absolutely nothing from this until

 

 

today when a reminder has been posted to out dated 20 Dec saying the amount still needs paying,

are the slot just chancing their arm now as we had no response from the appeal

[silverfox1961]

As we know, PWE don't follow PoFA so if they try it on at court, they must be able to prove who was the driver, not assume that you were. Remember, anyone can drive your car so long as they have insurance and your permission.

Did you send your appeal via the website or by post. If by post, did you get a proof of posting or did you send it recorded delivery?

 

This I'm afraid is standard practice for parking companies to say they didn't receive the letter.

 

Of course they are chancing their arm. The Christmas bonus may just depend on one more mug paying up.

[ericsbrother]

PWE have to follow the rules for appeals or they lose any court claim on procedural grounds.

 

 

If you dont remind them then they cant start anything as letters are DEEMED to have been delivered and in any case if they send a lba you can respond by saying that you appealed and heard nothing and put it to strict proof that they have followed procedure.

 

 

That will force them to start again and then they still lose for other reasons.

[cumbriaman]

As we know, PWE don't follow PoFA so if they try it on at court, they must be able to prove who was the driver, not assume that you were. Remember, anyone can drive your car so long as they have insurance and your permission.

Did you send your appeal via the website or by post. If by post, did you get a proof of posting or did you send it recorded delivery?

 

This I'm afraid is standard practice for parking companies to say they didn't receive the letter.

 

Of course they are chancing their arm. The Christmas bonus may just depend on one more mug paying up.

 

It was sent via email and received an automated response saying it would be dealt with but nothing more afterwards

[silverfox1961]

I suggest you print them off and keep them safe. You have done your bit. They didn't respond so if any court action is contemplated, this can be used as proof an appeal was made but ignored.