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Sample text for discharging PPCs (private car park claims)
screwbiedooo
Posts: 32 Forumite
This notice has given me a 100% success in discharging PPCs - i.e. no futher correspondence has been received. You may borrow or use part or all of it, but of course, adjust the relevant parts to suit your own claim! I think it is a nice touch to do your formatting to match their notice as closely as possible.
NOTE: this is intended for use with private parking companies such as NCP, Euro car parks, etc. etc.; not PCNs issued by council agents. N.B. none of the above are fines.
!
Claimant address details
Re: your reference: PCXXXXXXX – allegation of a parking contravention at XXXXXXXXX, viz. “Not parked correctly within the markings of the bay space”
Date of service of this notice: XX/XX/XX
Our Ref.:
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
With reference to your Notice to keeper/driver dated XX/XX/XX, please note the following:
· I am currently the registered keeper of the vehicle in question.
· I am not challenging or appealing the service of your parking contravention charge notice.
· I will not make any statement as to who is the owner of the vehicle in question, nor will I speculate as to who the driver was at the time of the alleged contravention, as is my inalienable right.
· I do not consent to any private adjudication on this matter. Such procedures will be void.
I will pay you anything I may owe you, immediately[1] and without dispute or controversy, if:
· You will quote and provide an obtainable reference[2] to the law, act, statute or treaty that empowers National Car Parks Ltd. to impose such a liability upon myself, that being a sum of £75.00, or;
· You will provide sight of the contract between myself and NCP, agreed and signed by both parties and containing an appropriate penalty clause indicating such a liability upon myself, that being a sum of £75.00.
Failure to meet these conditions within 14 (FOURTEEN) days will mean the matter is closed and all claims against me must be dropped.[3] Please use our ref. number (quoted above) in any future correspondence.
With reference to your employment of debt collection agencies, please note the following:
Should you not meet the conditions of this notice and continue to pursue this claim, it will be without legal standing. Claims by non-involved third parties such as debt collection agencies will similarly be required to present a lawful contract, agreed and signed by both parties, to have any legal standing. In the absence of such a contract please take note that any consent such as you may believe exists for you to involve non-involved third parties in my commercial affairs is hereby withdrawn. Having been served this notice, be aware that to do so may constitute an offence. Any claim they may make in a county court will similarly be without legal standing. Pursuit of any extra-contractual claim under such circumstances may lead to charges of harassment, extortion, trespass and assault; all criminal offences.
WITHOUT PREJUDICE.
Encl.: original paperwork as received
Signed Witness
[1] Within reasonable clerical delays, that being a period of no more than 14 (fourteen) days.
[2] Obtainable references may be citations of free-to-access websites, or documents widely available in the public domain, such as at newsstands, bookshops and libraries.
[3] Measured as being the date of receipt of representations from date of service of this notice, and incorporating no more than two days posting time.
NOTE: this is intended for use with private parking companies such as NCP, Euro car parks, etc. etc.; not PCNs issued by council agents. N.B. none of the above are fines.
My name
address 1
address 2
city
post code
address 1
address 2
city
post code
!
NOTICE OF ACCEPTANCE & CONDITIONS
NOTICE TO AGENT IS NOTICE TO PRINCIPAL. NOTICE TO PRINCIPAL IS NOTICE TO AGENT.
Re: your reference: PCXXXXXXX – allegation of a parking contravention at XXXXXXXXX, viz. “Not parked correctly within the markings of the bay space”
Date of service of this notice: XX/XX/XX
Our Ref.:
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
With reference to your Notice to keeper/driver dated XX/XX/XX, please note the following:
· I am currently the registered keeper of the vehicle in question.
· I am not challenging or appealing the service of your parking contravention charge notice.
· I will not make any statement as to who is the owner of the vehicle in question, nor will I speculate as to who the driver was at the time of the alleged contravention, as is my inalienable right.
· I do not consent to any private adjudication on this matter. Such procedures will be void.
I will pay you anything I may owe you, immediately[1] and without dispute or controversy, if:
· You will quote and provide an obtainable reference[2] to the law, act, statute or treaty that empowers National Car Parks Ltd. to impose such a liability upon myself, that being a sum of £75.00, or;
· You will provide sight of the contract between myself and NCP, agreed and signed by both parties and containing an appropriate penalty clause indicating such a liability upon myself, that being a sum of £75.00.
Failure to meet these conditions within 14 (FOURTEEN) days will mean the matter is closed and all claims against me must be dropped.[3] Please use our ref. number (quoted above) in any future correspondence.
With reference to your employment of debt collection agencies, please note the following:
Should you not meet the conditions of this notice and continue to pursue this claim, it will be without legal standing. Claims by non-involved third parties such as debt collection agencies will similarly be required to present a lawful contract, agreed and signed by both parties, to have any legal standing. In the absence of such a contract please take note that any consent such as you may believe exists for you to involve non-involved third parties in my commercial affairs is hereby withdrawn. Having been served this notice, be aware that to do so may constitute an offence. Any claim they may make in a county court will similarly be without legal standing. Pursuit of any extra-contractual claim under such circumstances may lead to charges of harassment, extortion, trespass and assault; all criminal offences.
WITHOUT PREJUDICE.
Encl.: original paperwork as received
Signed Witness
[1] Within reasonable clerical delays, that being a period of no more than 14 (fourteen) days.
[2] Obtainable references may be citations of free-to-access websites, or documents widely available in the public domain, such as at newsstands, bookshops and libraries.
[3] Measured as being the date of receipt of representations from date of service of this notice, and incorporating no more than two days posting time.
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Comments
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It would be quicker to simply ignore them.Je Suis Cecil.0
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Maybe, but then you keep receiving nuisance letters from them, and hence the hundreds of posts here by people straining under the worry of all the big words that land through their letter box - till they finally cave in.0
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I don't know why you're posting this for free. You could sell this service at £24.99 a pop.Je Suis Cecil.0
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Oh really? Where?
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Nah, I was just being glib!Je Suis Cecil.0
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Nah, I was just being glib!
I thought that was a triangular staysail that sets ahead of the foremast of a sailing vessel.?**** I hereby relieve MSE of all legal responsibility for my post and assume personal responsible for all posts. If any Parking Pirates have a problem with my post then contact me for my solicitors address.*****0 -
Nah, I was just being glib!
I thought it was the surname of the late BeeGees.
Just to carry on the nonsensical posts, started by the OP! Any newbie reading this thread just read another one instead, you will soon learn that you can just IGNORE a fake PCN from a PPC.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
It would be far simpler - and appear far less mock-legal if you boiled down to:"Any debt is denied and, in any event, you have no case. Under no circumstances will any payment be made in the absence of a court judgment. Please therefore issue proceedings immediately and note that should no notice of proceedings be received within fourteen days the matter will be regarded as closed.
No correspondence will be entered into and any further letters on the subject will be regarded as harassment. The right to issue proceedings for harassment without recourse to yourselves is reserved and, in this respect, you should regard yourselves and any agent or assign that acts or purports to act on your behalf as being on notice.
No acknowledgement is required."
The proposed draft is unnecessarily overcomplicated and - because it contains a number of obvious legal misconceptions - would stand out as a joker to any self-respecting PPC.My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016).
For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com0
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