Responding to a PCN. HELP PLEASE

Hydro6126

I have recieved a PCN as the registered owner of the vehicle. :mad: After reading through many of the forums and advice I have written an appeal letter and hoping someone could give me the thumbs up or down if this is ok. Its a bit wordy (sorry) Any advice would be great. Many Thanks

I am corresponding with you as the registered keeper of the vehicle £££££££.
I am appealing the PCN received dated ££££££ on the grounds that
1. I believe you deliberately place the entrance sign, and any others, too high and out of sight of a driver, knowing that people are relying upon free parking at the invitation of the retailer so will not see your extortionate terms. Under the BPA Code of Practice you have a duty as an AOS member to clearly signpost an area you wish to enforce. Those signs must be visible and readable when a driver is still in the car. I don’t believe this is the case.
2. The £50 parking charge you are imposing for a 15 minute overstay is an unfair term under the Unfair Terms in Consumer Contracts Regulations 1999. In particular, Schedule 2 of those Regulations which gives an indicative (and non-exhaustive) list of terms which may be regarded as unfair and includes at Schedule 2(1)(e):
‘Terms which have the object or effect of requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation.’
Furthermore, Regulation 5(1) says:
‘A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer’
And 5(2), which states:
‘A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.’
b. Unreasonable The £50 parking charge you are imposing is an unreasonable indemnity clause under section 4(1) of the Unfair Contract Terms Act 1977, which says:
‘A person cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.’
3. The driver entered into no contract to pay you for staying past 2 hours. If it is your claim that I entered into a contract, please send me a complete version of the terms and conditions of that contract to which you say I agreed to. Further to the above please explain fully on which of the following grounds your claim is based:
a. Damages for trespass
b. Damages for breach of contract
c. A contractual sum
4. The driver was a genuine customer.
In addition, please kindly inform and attach necessary copies to confirm on what ground you obtained my personal data from DVLA as your serious failure has caused me to submit a formal complaint to the DVLA.
If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

If you decide to continue to pursue this matter and reject this challenge then please supply a POPLA code. However please be aware that further points including (but not limited to) no contract with landowner and/or driver or authority to pursue parking charges in own name, inadequate signage etc may be raised at POPLA.

spacey2012

why are we seeing these long winded appeals to parking companies ?

they will reject anyway, so keep it simple.
Never beg a POPLA code, they refuse to supply one, send them an official notice that they have refused mediation.

Redx

I suppose the replies may depend on who the actual PPC is , if it happened in england or wales , if the ppc is a member of the BPA and if the ppc has conformed to the BPA CoP or not

it may also depend on if the PCN was a windscreen ticket or if it was an NTK (through the post) , and any timeframes between the event and the first notification

I assume you have read the NEWBIES-READ THIS FIRST sticky thread at the top of the forum ?

a simple less wordy version of a soft appeal for an overstay would include the following , but depending on your mitigation and any receipts etc may go further like I helped on here https://forums.moneysavingexpert.com/discussion/4827711

Dear Sir,

With reference to the invoice XXXXXXX dated XX XXX , I am the registered keeper and I deny all liability for this charge on the following points

1) This is not a genuine pre-estimate of loss
2) The signage is unclear and not compliant with the BPA Code of Practice
3) You do not have authority or contract to issue these invoices

I require that you immediately cancel this invoice. If you reject this challenge, please forward a POPLA verification code to appeal to them independently. As you are aware Popla always uphold appeals on the above.

If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

yours Faithfully

The keeper

spacey2012

Sending them a vague mitigating appeal and then hitting them straight in the face with a comprehensive POPLA appeal should be a tactic of choice.
Cost them money and deliberately.

They started the fight, why let them leave without landing a few punches.

Redx

spacey2012 wrote: »

Sending them a vague mitigating appeal and then hitting them straight in the face with a comprehensive POPLA appeal should be a tactic of choice.
Cost them money and deliberately.

They started the fight, why let them leave without landing a few punches.

agreed, which is why excel have just lost money due to NOT accepting the initial soft appeal my relative made with their 16 minutes of overstay issues (as posted in the successful POPLA APPEALS sticky thread by me today)

Hydro6126

These were all very helpful :-) . I will keep my first response simple and wait for the POPLA code. Many thanks for your help.

Coupon-mad

spacey2012 wrote: »

Sending them a vague mitigating appeal and then hitting them straight in the face with a comprehensive POPLA appeal should be a tactic of choice.
Cost them money and deliberately.

They started the fight, why let them leave without landing a few punches.

But then again, a longer and stronger appeal worked in this case and many OPs would prefer to get it sorted quickly:

https://forums.moneysavingexpert.com/discussion/4849839

cancelled within days, G24 sent scuttling back under their stone!