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PWE PCN - Brockholes **won**


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I didnt say i was the driver or drivers name, i did imply that i was the driver by the way i replied to the email by saying ' there were no signs on the day ' I guess?

 

You could have just as easily been told that information by whoever was driving, or you could have seen it yourself as a passenger ;)

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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i must add that all these acronyms are going straight over my head, i have no clue what any of them are or do, so im totally lost here :) but thanks

 

Here you go :)

 

POPLA - Parking On Private Land Appeals. An "independent" appeals service. Although having used quotation marks, in fairness it has to be said that they do tend to allow a lot of appeals in favour of the motorist. Run by the BPA.

 

POPLA Code - Is the code that you need in order to lodge your appeal with them.

 

BPA - British Parking Association. One of the two "members clubs" for PPC's

 

IPC - Independent Parking Committee, the other "members club". Formed in part because some of the PPC's didn't like the way that the BPA run POPLA was always working against them.

 

PPC - Private Parking Compan(y/ies)

 

IAS - Independent Appeals Service (run by the IPC)

 

PWE - Is Parking With(out) Ease.

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Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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thanks for that, so is there a consensus of opinion on the best route here?

 

Personally, I'd go with...

 

Dear PWE ******s.

 

Please feel free to insert your charge notice where the sun doesn't shine. However, in the unlikely event that it doesn't fit, which will probably be due to all the others that are already in there, please send me a POPLA code.

 

Yours

 

However, it may be slightly more professional to say.

 

 

Please take note that I dispute this charge in its entirety. Therefore, please accept this as my appeal against the charge. In the event of you rejecting the appeal, I shall expect a POPLA code by return.

 

You could even take a leaf out of the Parking Pranksters playbook...

 

 

Whilst the driver was making their way to the ticket machine to buy a ticket they were abducted by aliens who performed many experiments on them that they don't want to talk about. Therefore they were unable to complete the transaction, and that's why no ticket was displayed. Please send me a POPLA code and once the mind control wears off, I will appeal to them :)

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Perhaps the best thing to do, sooner rather than later, is to just email PWE appealing the ticket on general grounds and asking for an IAS code (or however it is that they refer to an IAS appeal). At least that will buy you some more time. I think you have to lodge an IAS appeal within 21 days of receiving the code.

 

So, given that it will (probably) take a day or so to respond to your email or letter, it'll buy you at least 23 or 24 days and will keep the ball rolling along nicely, and give you the chance to seek the full advice you need on here to submit a full appeal to the IAS. And into the bargain, presuming that it's the same as for POPLA, it's going to cost PWE a few quid to issue you with the IAS code ;)

 

As for the reason for your (soft) appeal to PWE, refer to post #10 of this thread. They'll 99% of the time reject the appeal on those grounds, which will then force their hand as far as either dropping it or issuing the IAS code to you.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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1st Letter that i received was sent to my registered address on wed 11 june

 

Just so we're all clear then Jason, when was the alleged 'parking event'? Judging by your first post, it was 26th May, "two weeks and two days" is that correct? And was 11th June the date that was on the letter, or the day that it arrived?

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Hi, yes thats right, monday 26th may

 

Nice... In that case, you have PWE over a barrel with their trousers around their ankles (there's an image for you).

 

PWE are members of the IPC. The IPC Code of Practice says at...

5.1 The Notice to the Keeper must; and

5.1(l) Be given by;

1) Handing it to the keeper, or

2) Leaving it at his current address, or

3) Sending it by post to his current address. and

5.1(m) Be given so that it will be received by the keeper within 14 days beginning the day after the specified period of parking.

 

If you parked on the 26th May. Ignoring the day that you parked as per the Code of Practice, The notice should have been sent so as to be received before 9th June. So to have that notice dated 11th June and sending it by Royal Mail 1st class, it cannot have been received at your address before 12th June, or 17 days after the parking event. Therefore, PWE are out of time and cannot hope (not even in their wildest dreams) to enforce against the keeper.

 

I would now write to the IPC stating that PWE were out of time in sending the NTK, and ask them to a) instruct PWE to cancel their unenforceable notice. b) instruct PWE to remove any details they hold on their system(s) about you or your vehicle. And c) asking what the IPC are going to do about this breach of their Code of Practice by one of their members.

 

You could also complain the the Information Commissioners Office (ICO) and the DVLA about the misuse of, and the wrongful release of your personal data to a company (PWE) that have clearly misrepresented their reason for requesting your data which is a breach of the IPC Code of Practice and the KADOE agreement.

 

Have at 'em ;)

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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You were supposed to write to the parking co, they are the ones demanding money. AS they havent followed procedures it is not an IPC matter and never really can be as they deal with appeals about the charges not breaches f the law.

That might've been my fault. Sorry. But no real harm done.

 

However, if the IPC can't deal with breaches of their own Code of Practice, then who the hell can? :???::|

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Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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