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myhandle97

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  1. I mentioned the council as the car park is there for users of a council maintained country park, managed by MBW. Maybe the council were aware of a fault. I don't know precisely how or why these machines fail to take payment, quite possible that a short outage affects only one user. At the end of the day, the keeper wasn't driving and NTK has been sent too slowly, who if anyone holds MBW to their code of practice?
  2. To be honest, I don't know how often he goes, I will ask, but I think the answer is not often. Enquiries were made with the council today as to whether it was known that the machine was faulty, they said not although did say that they were aware that the cameras had been off the internet in the recent past, though not on 12 July unfortunately. Can I ask, is this something that POPLA could close off, with the issue of the dates (17 days to get the NTK between parking event and letter with keeper) ? A clean close to the case would put his mind at rest.
  3. Thank you, I have had dealings myself in the past with both ParkingEye and G24, and I myself would be confident in filing this one in the recycling bin, however in this case I'd like to help my father (keeper) to a dismissal of the charge if possible. My father is the registered keeper but was not the driver, in fact at the moment he is medically disqualified from driving. 1 Date of the infringement 12 July 2023 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] Dated 26 July 2023 3 Date received 29 Jul 2023 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] NO 5 Is there any photographic evidence of the event? Yes, no faces 6 Have you appealed? [Y/N?] post up your appeal] No 7 Who is the parking company? Minster Baywatch 8. Where exactly [carpark name and town] Cuerden Valley Park, Preston BPA MinsterBaywatch.pdf
  4. Helping out my parents with a parking charge, they wanted to pay on the day but the payment machine wouldn't take payment with a credit card and they had no change. They entered the car park on 12 July at 13:32 and left at 14:44 A letter issued 26 July arrived today 29 July. Is the operator therefore in breach of their code of practice which requires that the letter be delivered within 14 days after the parking event occurred ? Is appealing to POPLA the best route ? Regards, Andy
  5. Some years after having my own run in with ParkingEye at a car park for a local Aldi (and other stores) I am hoping to assist a family member with their own PCN. In my own case I was driving my wife's car, and after what had reached the point of harassment of my wife by PE I contacted Aldi who were able to have the PCN cancelled. This time Aldi are as yet unwilling to cancel the PCN, so I will need to appeal online with PE and no doubt then go down the POPLA route. This is for an overstay of around 40 minutes in an otherwise free car park, will an appeal to POPLA on the grounds of GPEOL win at POPLA ? No receipts retained. There are 4 shops at the retail site. This relative has been a longtime shopper with Aldi and has never overstayed before, and probably will not ever again after this episode. Happy to reveal the store location if it helps. Signage at the site is not brilliant but if a GPEOL appeal will win then is there any need to start factoring all of that in ? Seems possible there is no planning permission for the specific signage too. thanks, myhandle
  6. I don't know if there is any mileage in this but though it worth a try. A friend of mine was driving away from the council run leisure centre when a football was kick from an outdoor pitch, over the fencing, hitting his windscreen whilst moving and causing damage to the screen which will require replacement. Standard notices on the wall state that cars are left and parked at the owner's risk. Does this imply any acceptance of risk by the council when cars are moving, rather than left or parked ? Attempts to reason with the party playing football, one of whom had kicked the ball, failed to gain any acceptance of responsibility. They were using the erected sign as their exemption from responsibility, though surely any such sign can only state that the landowner does not accept responsibility and does not extend to all users of the site. In the absence of the truly guilty party accepting responsibility, can the council be sued for a loss ?
  7. I think I've managed to establish the legal position with my wife, we are going to send one letter from her denying that it is her driving the car (the photograph shows her being the passenger, but we'll leave that one to the judge) and leave comms at that, maybe we'll then collect a bunch of further letters but 'd be happy to pass these on to trading standards or some other body if I don't like what they say.
  8. We receive a 'parking charge notice' from Parking Eye for parking at Aldi in Preston on 11th February. I'm expecting a 2nd letter soon for a similar transgression on 17th Feb, and to save on stamps I'm only going to waste one. We park there often and always shop at the Aldi and/or Blockbuster when doing so I've read the general advice which is to ignore all communcation, the difficulty here is that the car photographed entering and leaving the car park is register to Mrs myhandle97 and she would rather not have the letters and perhaps pay up to stop them. What I would like to do is compose a letter for her to sign and send, along these lines: "I received a parking charge notice on 18 February 2012 but I will not be paying your request for payment as I was not the driver of the vehicle at the time in question. The supplied photograph of my vehicle entering the car park shows me to be the passenger at that time. I am under no obligation to disclose who was driving the car so please do not contact me again with regards to this matter other than to confirm its closure." Is this likely to stop further letters, or just invite more ? I've seen scans of what we could expect to receive if the first letter is ignored and I know that the later ones will scare my wife, I'm even prepared to give the name and address of the driver to deflect letters from the good lady if that would make any difference. The driver is aware of the relevant contract law and would be quite happy to defend himself before a judge, even happy to pay the level of damages determined by such a judge. I should add that I myself am only aware of the relevant laws after reading up on this site and others, they are a fantastic resource. Regards, myhandle97
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