Help with appeal to vehicle control services pls

spacey2012

That would make lovely evidence for them if they decided to make a court case.

Please do not send that, it admits you deliberately and knowingly overstayed in contravention to the contract terms.
They will turn it down, so please do not give them anything they can use against you in court.

Just keep it simple:
Dear Parking scammers, alleged parking charge number 759765874
The Registered keeper denies liability for the charge on the following grounds:
The Person using the vehicle was a genuine customer of the premises proof provided.
The charge fails to mention or prove authority under which you act in a capacity to offer consideration on the contract you claim.
The allegation the vehicle overstayed is not supported by any credible evidence, such as VCS regulated ANPR equipment.
The Charge is not a pre estimated or accounted loss that has been caused and is penalty contrary to English case law.
Therfore it is requested you cancel the parking charge or issue a POPLA code.
THIS IS A SERVED APPEAL NOTICE COMPLIANT WITH POFA: DATE:

yours the registered keeper of the vehicle in receipt of parking charge 925923875.


COPY TO: Principle contract holder FIND THE LAND OWNER AND INSERT HERE:

Louise31

Thank you everyone for your help it's really appreciated. So I have to send a soft appeal letter but which one should I send? Is it ok for me to send the letter redx has drafted for me? I do have receipts for matalan but for home bargains and Iceland I only have my bank statement.

Redx

my letter was an example of a recent appeal to PE under similar circumstances to yours, one that worked

in it there is never any mention of the driver or RK knowingly parking there and knowingly overstaying, because that never happened. the person only knew of the parking charge after receiving the NTK from the PPC, so definitely did not realise what had happened at the time.

the letter sought to seek out mitigation at this "soft appeal" stage and included copies of receipts but also sought to ask for documents and paperwork and a POPLA code if the PPC did not waive the ticket - the carrot and stick approach, clearly they ate the carrot

I am no expert and see nothing wrong in this soft appeal, clearly the next respondent thought differently about it and I accept that their letter is more of a method of obtaining a popla code as I fail to see how it would get your PPC to waive the ticket

I would scan and send in copies of the bank statement and also the receipts proving you were a shopper there , and have some mention of it in your appeal, also explaining that you did not even realise that an overstay had occurred as you were legitimately shopping on the complex there

I would also contact Matalan about it, and the landowner if its not Matalan , in order to try to get the ticket cancelled. the whole point about this is the easiest way out of all this is if the PPC cancels the ticket , so I believe you need to give them that chance

in any case dont send the letter I posted, it does not apply to you and needs alterations anyway. the point of me posting it was to clarify what your thought process should be seeing as your head was done in due to family commitments and I thought you need guidance on some sort of letter where a lot of the work was done

clearly the next respondent also gave you a similar template to look at

whichever method you chose, its not a simple copy and paste, as you need to alter it afterwards and word it such that you feel they may be forced into cancelling the ticket, but that you also require a POPLA code if they fail, that you require various documentation to prove they have the authority to issue tickets , etc (anybody can send scams through the post)

I have copied and pasted the second letter in case I need it in future, as there is a lot of merit in it, had I seen in before my letter I would have used it as the core of my appeal - or something similar

your letter needs to bear hallmarks of one or both the 2 letters above

I would compose it and then post a redacted copy on here for perusal by members who can advise on changes etc, then only send it with your bank statement copy and receipt copies when everybody seems happy with it, because there is no rush to do so just yet, so take some time to get it together and checked on here, then send it

I believe that they may cancel it as you were a customer of the shops on that park, as happened to my relative, so the bank statement proof and also the copies of receipts is crucial to that argument - as it was to mine

beat it now and you have nothing to worry about

if they fail to cancel the ticket, you then compose a better appeal for POPLA , have that checked on here beforehand , and get it quashed by popla in a couple of months time !!

that would be my strategy anyway (and I am no expert but it worked for me and my family)

Guys_Dad

Louise31 wrote: »

Thank you everyone for your help it's really appreciated. So I have to send a soft appeal letter but which one should I send? Is it ok for me to send the letter redx has drafted for me? I do have receipts for matalan but for home bargains and Iceland I only have my bank statement.

Difficult one. If it was Parking Eye I would would go for the first as they have a good record of cancelling for genuine customers I am not sure about VCS record, but on balance I would go for the first as if it fails, you still have POPLA and I am not sure that it makes all that much difference when it gets to POPLA whether you are the driver or the keeper,.

Coupon-mad

I would be complaining to the 3 store managers first, not appealing yet. Dunno why you are rushing to appeal when you have 28 days and could just get a Store Manager or Centre Manager to cancel the whole thing within days. There are loads of successes with complaints shown in the complaints about PPCs sticky thread, to give you confidence (Matalan and Home Bargains have both come up trumps before).

It's the easiest way and having Bank Statement proof of purchases is FINE!

Louise31

Right ok I have decided what to do, I will go down to the three shops and ask for there help in cancelling. If that fails I will draft a copy of a letter from both the two letters above and post on here for you very helpful people to check. All advice much appreciated from everyone. One last thing will they not become aware I was the driver because my bank statement has my name on it?

Redx

Louise31 wrote: »

Right ok I have decided what to do, I will go down to the three shops and ask for there help in cancelling. If that fails I will draft a copy of a letter from both the two letters above and post on here for you very helpful people to check. All advice much appreciated from everyone. One last thing will they not become aware I was the driver because my bank statement has my name on it?

if the letter you received is notice to keeper , then they already have your name and address on file

what they do not have is the name of the driver at this stage (you could have been the passenger and doing the shopping - hint)

as the registered keeper you would appeal on the basis that the vehicle was legitimately parked for the purposes allowed and for all they know 2 people could have been in the car and yet shopping in different shops , or you could be the bank account holder and somebody else could be the shopper (like your other half)

all my wifes purchases go onto my bank statement including the ones she made yesterday whilst out in a relatives vehicle

so try to get the shops to annul the charge, also try to find out the name of the actual landowner and their address too (knowledge is power)

should all this fail you appeal within the time limit with photocopies or scans of the receipts and bank statements - you could even redact some of the personal info at this stage because the PPC will redact any of their sensitive documents

maybe you can take copies of the statements to the shops and ask for a signed letter by the managers showing you were a legitimate shopper , or copies of their receipts ?

think outside the box, gather as much evidence as you can but only use copies and keep all originals

there is no reason why you cannot get this charge cancelled by doing the above and maybe not even have to appeal or go to POPLA

thats my advice anyway

whatever you do , do not admit to being the driver at any stage, just a legal shopper !!

good luck - and let us know how you get on please

Coupon-mad

Louise31 wrote: »

Right ok I have decided what to do, I will go down to the three shops and ask for there help in cancelling. If that fails I will draft a copy of a letter from both the two letters above and post on here for you very helpful people to check. All advice much appreciated from everyone. One last thing will they not become aware I was the driver because my bank statement has my name on it?

Cover the name and account number.

Louise31

Yes I wil say I was a passenger in the car at the time. Will let you know how I get on. Eeek

Umkomaas

Louise31 wrote: »

Yes I wil say I was a passenger in the car at the time. Will let you know how I get on. Eeek

I haven't gone back over the entire thread to check all the detail, but the advice here is to only provide the true facts. No fabrication of any fact is advised (and definitely not encouraged).

Remember, any of this could end up in court - and any statements you've made will be used. You really don't want to chance anything that's not absolute fact. The potential consequences are serious.

Of course, if you were the passenger, then make that clear, if not ......

There's a big difference between a County Court Judgment and a criminal record. You can win this without chancing anything.