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barrowboy

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  1. but if your suggesting this then they would have to counterclaim which involves a fee in its own right How much success have you had personally with this And ill take a look when i am not on my phone
  2. This is the case where the user has used the text i suggest on no keeper liability, they should hear from Group Nexus by the next weekend and you will see that it works, i also have two CP PLUS ones in the pipeline which i will screenshot when they come through Id love someone to take up my £50 charity challenge
  3. Yes Since this is not relevant to the appeal. Your appealing on keeper liability alone therefore you will win hands down, its really very simply. Take the idea about payment out of your head but thats no relevant to this type of appeal and does not come in to play its a straight forward case which you will, Your defence does NOT involve any issue of payment There was an appeal done using my text on a Group Nexus Case and Group nexus will be cancelling their ticket within the next week, so when this comes back as ticket cancelled i think this will hopefully prove the doubters wrong, you have 28 days from the date of notice issue to appeal anyway
  4. No you are reading this wrong, the parking firm simply cant hold you liable under keeper liability You are appealing as the keeper and therefore you will win It really is that simple, nothing else is relevant.
  5. @MoaningCrusaderNo my appeal approach will work 100% in this case (hence why no one has or will take me up on my £50 charity challenge) What I mean by my statement is that POFA has no relevance on airport land (or any land where there are byelaws, so ferry and sea ports/airports and other obscure places. No POFA = no keeper liability So yes the above appeal text will win with no issue sorry for confusing you,
  6. @honeybee13In this case i am suggesting they appeal to NCP because NCP know they will lose this at POPLA and so don't waste their time A lot of parking companies will just reject appeals, but the are some and when i say some 99.9% are BPA members who will cancel tickets if they don't comply with POFA, some will only concede at POPLA as that's how their business is set Where as it would never work with IPC companies. Although there are certain cases that can be worn at the IAs (few and far between) I would suggest that the number of cases seen here are far lower then the likes of MSE Appeals on POFA issues have always worked against the likes of CP PLUS, and smart parking. Smart Parking for example can be won at POPLA by appealing on landowner contract issues only as the Smart Parking don't use that name on their contracts with landowners BPA don't deal with appeals as such. My role was dealing with issues around signs and paperwork compliance etc(although that's a very simplistic view of it)
  7. The above posters are advocating you wait for a court claim which in reality costs parking firms very little even if they lose (they issue huge numbers). They think by winning in court you will cost a ppc lots of money. Its actually not correct given the sums involved. My advice is to kill the ticket of asap. Why would you risk a court claim which will take up a lot your time when this appeal will take less then 5 minutes Courts are such a lottery and not worth it. It is your choice at the end of the day. People on forums are not however going to pay if you lose against the likes of bw legal etc
  8. @honeybee13 Sure until 2 years ago I worked for the British Parking Association in a compliance role. The way the industry works hasnt changed since and until the single appeals service comes in there wont be any major changes. When the whole new frame work comes in will hopefully see some major improvements and not just a fudge. And i should add the aim should always be the quickest and easiest route to cancelation for the user. Be that an appeal or complaint to landowner (very effective for the likes of PE) Dont forget that gatwick airport is subject to byelaws so its not relevant land for the purposes of POFA.
  9. So you clearly have a non POFA notice , which is why NCP will cancel as they don't fight cases like this. Now if it was someone like APCOA Parking even with the above appeal they wouldn't cancel on first appeal but then would fold @ POPLA, its just the way certain parking firms Rather then giving a blanket answer to all parking ticket appeals each one should be tailored to how parking firms react. I mean you wouldn't try the above appeal with any IPC firm as it wouldn't work. @dx100uk said you shouldn't trust newbie advice etc, but we had a site team person @honeybee13say they had never heard of Norwich Parking Control, yet that particular firm had been around quite a while and the guy behind is very well known in the industry, so it just goes to show being on here for a long time or a short time doesn't make your knowledge /advice any less or more correct Again ill challenge anyone here to £50 to charity that the above appeal will work in this case.
  10. section 9 - 4 and 5 (4)The notice must be given by— (a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or (b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period. (5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended. https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted what in essence transfer of liability from the driver to keeper means is thus The driver is liable under contract law, unless the driver is not known and the conditions of keeper liability have been met by the parking operator So where the conditions are met liability is shifted from a unknown driver onto the keeper and the keeper is held liable under POFA In this case keeper liability fails because they haven't met the conditions and thus there can be no "transfer of liability" from the driver to the keeper using POFA In the case of NCP they don't bother taking this to POPLA as they know they would lose
  11. I am going to disagree with the advice above Several "long term" members on here don't believe people should appeal tickets however that advice is simply incorrect and they would rather people face a court claim instead , which is actually very bad advice. Just because someone has been on here for a long time does not mean their advice is correct all of the time and in this case you have been given the correct advice and a winning appeal against an easy to beat parking firm You have a PCN which does not comply with POFA NCP like a few other BPA members don't contest appeals when they are challenged on the issues around no keeper liability NCP always cancel tickets when shown the above appeal where its after the 14 day period , its just what they do You harm your "position" by not knocking this on the head and your position is NOT harmed when you appeal as the keeper This will get cancelled with the above text, i put @dx100ukto a challenge. Use the text i suggest and you pay £50 to a charity if it fails. If I fail i would do the same. Unfortunately whilst there is some good advice on this forum regarding court cases there is unfortunately quite a few people who don't really know the internal workings of the PPCs and their policies regarding appeals. Now if this was the likes of VCS/Excel I wouldn't be advising the above
  12. Sorry my fault! you don't need proof of payment to win this case, its irrelevant It should have said Please cancel or issue a POPLA code where you will auto withdraw on submission of an appeal about NKL (which would be your internal reason code when you don't contest) --- The 3 letter code refers to what NCP use as their reason code for not contesting POPLA appeals or cancelling tickets on first appeal
  13. NCP/BW PCN PAPLOC now claimform - New Gatwick Drop Off Zone - I thought I had paid for both visits? - Private Land Parking Enforcement - Consumer Action Group Right this is so simple to kill of as its NCP First of all if the notice to keeper was issued more then 14 days after the event then you need do nothing else other then the below and NCP Will cancel on first appeal (you will get the cancelation email, normally with NCP its within 14 days for appeal replies) Pay or appeal a Parking Charge Notice (PCN) WWW.NCP.CO.UK Select the correct first two letters Appeal as the keeper option, then simply use this text, add nothing else, and you will get confirmation of ticket cancelation This is an appeal by the keeper. No driver details will be given. Notice to keeper is non POFA so no keeper liability due to be issued outside the required 14 days This is an auto win at POPLA as liability can not be transferred from the driver to the keeper on this occasion Please cancel or issue a POPLA code where you will auto withdraw on submission of an appeal about NKL (which would you reason code when you don't contest) End.
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