Uk carpark mgmt notice to keeper

mcse17

Hi All,

I WON MY APPEAL..!!!!!!!!! PLEASE GO TO MY LAST REPLY TO VIEW THE REASON...

Have been reviewing the threads in this forum and this is the procedure I've decided to follow. Please advise if correct or not.

Got a parking ticket (PCN) on 1/10/13 for the alleged contravention of "No parking outside of a marked bay" (at a private property).

As per forum advice, ignored that until received NTK - Formal Demand on 16th Nov 2013, which states failure to provide full payment of £100 or provide name & address of driver after 28 days under sched4 POFA 2012 we have right to recover from registered keeper etc. Details were obtained from DVLA after 28days.

So now I have written the letter below:


With regards to the above PCN, I am merely the registered keeper of this vehicle who is not local to that site, I conclude that your signage must have been wholly inadequate. I also would say that this charge is a disproportionate penalty, which is unenforceable in law. If you reject my appeal I want to know whether the charge is supposed to be for breach of contract or trespass and how exactly is the amount arrived at? I will also require a POPLA code of course.


So do I now just wait and see what happens ? If they reject my appeal and POPLA rejects what do I do then ??

Thanks in advance for your help...

Stroma

No don't send that, send something like this, get a proof of postage from the post office



Name
Address


Dear ticketers


I am as the registered keeper of (reg) are in receipt of your parking invoice xxxxxx dated xxxxxx. I deny liability to your company so wish to invoke your appeals process on the points below.

1) this charge does not represent a genuine pre-estimate of loss
2) your signage is inadequate and does not comply with the bpa code of practice
3) you do not have authority or contract to issue these invoices

So you are invited now to cancel this invoice, if you reject please provide a popla verification code so we can cost you £27 + vat to get it cancelled.

Faithfully
The registered keeper

mcse17

Stroma wrote: »

No don't send that, send something like this, get a proof of postage from the post office



Name
Address


Dear ticketers


I am as the registered keeper of (reg) are in receipt of your parking invoice xxxxxx dated xxxxxx. I deny liability to your company so wish to invoke your appeals process on the points below.

1) this charge does not represent a genuine pre-estimate of loss
2) your signage is inadequate and does not comply with the bpa code of practice
3) you do not have authority or contract to issue these invoices

So you are invited now to cancel this invoice, if you reject please provide a popla verification code so we can cost you £27 + vat to get it cancelled.

Faithfully
The registered keeper

OK.. Thanks for that... I'll use your reply instead. Much appreciated...:T

mcse17

Hi,

I have now received a reply from UKPM, it doesnt give me a POPLA ref but basically says I need to pay the fine (see attachments). What is the next step ? Do I write back asking for a popla code - which I did ask for in my original appeal.

Thanks in advance for any help...

dropbox.com/s/mrs971dyvwniesu/2013-12-30%2017.24.57.jpg

dropbox.com/s/hf5uje7w27svryc/2013-12-30%2017.24.37.jpg

trisontana

Did they actually call it a "fine"?

Stroma

mcse17 wrote: »

Hi,

I have now received a reply from UKPM, it doesnt give me a POPLA ref but basically says I need to pay the fine (see attachments). What is the next step ? Do I write back asking for a popla code - which I did ask for in my original appeal.

Thanks in advance for any help...

http://dropbox.com/s/mrs971dyvwniesu/2013-12-30%2017.24.57.jpg

http://dropbox.com/s/hf5uje7w27svryc/2013-12-30%2017.24.37.jpg

Links added

mcse17

trisontana wrote: »

Did they actually call it a "fine"?

No, if you see the dropbox attachments they wrote "parking charge forms part of contract etc and parking charge FEE of 100" sorry my bad.. i meant fine in the above post not fee.

Redx

nope, it says FEE , not fine !!! no idea why he stated it was a "fine"

it also states he has the right to go to popla

so if the popla papers and popla verification code were not enclosed, send it again and indicate that you asked previously for this popla code and did not get one, also mention you are willing to complain to the BPA because their newsletter clearly states that a refusal should also contain the popla code

mcse17

Redx wrote: »

nope, it says FEE , not fine !!! no idea why he stated it was a "fine"

it also states he has the right to go to popla

so if the popla papers and popla verification code were not enclosed, send it again and indicate that you asked previously for this popla code and did not get one, also mention you are willing to complain to the BPA because their newsletter clearly states that a refusal should also contain the popla code

Oops... I just checked the back of the letter and there was a POPLA sheet/code , was expecting a seperate sheet. So I guess I just fill in the popla sheet and appeal ? What would be the main reason for appealing ? parking charge exceeds the appropriate amount ?

Thanks....

Stroma

Okay send this to them


Dear parking company


The registered keeper of xxxxxx is in receipt of your rejection of the appeal of the invoice xxxxx, the contents of this letter is noted.

As you have rejected this appeal, you have failed to provide a popla verification code to appeal to them, this is a direct breach of the BPA Code of Practice! So complaints are being made to them and the dvla about your conduct in this matter.

Now I am not going to ask repeatedly for you to abide your own code of conduct, but if the popla code is not supplied within 14 days the matter will be closed, and you will have lost the ability to hold the registered keeper liable!

Finally you can simply cancel this charge now, because as you know breaches of the BPA Code of Practice is an automatic win at popla.

Faithfully

Redx

DO NOT FILL THE SHEET IN

I assume it has the reference ? if so check the reference to ensure its a recent date , already mentioned many times on this forum, so use the decoding details to check it

then draft an appeal in notepad and post it here for checking , no personal details though

plenty of examples on what the appeals say , check the NEWBIES sticky thread for them