Read but still confused...!!

4consumerrights

TalkGirl_uk wrote: »

Thanks guys this has all be extremely helpful. I am just finalising my appeal so once I have done this I will begin on formulating my popla appeal with your guidelines.

Big Bad Dad thank you for the extra info. I just wanted to get clarification on the points you raised around the services access routes. Am I able to check if this is relevant to the J8 M20 service at Maidstone? I only ask as i have been looking at Google maps and from their overview there appears to be no additional routes beyond the ones i know are key roads through the complex. Furthermore it seems the complex backs onto the railway. Any thoughts?

Again thanks guys I really appreciate all your helps.

Many complaints about parking charges on the motorway review site:

http://www.motorwayservices.info/maidstone_services_m20/comments

The OP should also make a direct complaint to the motorway services itself:

Phone number: Contact Phone: 01622 631100
http://www.motorwayservices.info/maidstone_services_m20

TalkGirl_uk

Right, before I email/send this off is this okay?

Without Prejudice

Dear PERSON!!

As the registered keeper of XXXXXX I am in receipt of your Parking Charge Notice XXXXXXXXXXXXX dated xx/xx/xxxx.

I wish to refute any liability for the charges that you ascertain, based on the following grounds:
1) Signage does not comply with the British Parking Associations guidelines.
a. As a result of point 1 this presents a lack of clarity around the terms & conditions of the parking contract.
2) Your initial Parking Charge Notice fails to comply with the guidelines outlined within the Protection of Freedoms Act 2012.
3) This charge does not represent a genuine pre-estimate of loss.
4) Driver was a paying customer of the establishment

Under these circumstances I reserve the right not to identify the driver and ask that the aforementioned Parking Charge Notice be cancelled immediately. If you refuse to do so please send me a POPLA verification code as I intend to appeal directly.

If you reject my challenge and insist upon taking this matter further, please note that I intend to reclaim my expenses from you. These may include, but are not limited to the cost of postage, envelopes, travel expenses, legal fees and additional expenses appropriate to the challenge.

I reserve the right to add further support and appeal points if necessary, in defence of the continued action.

Yours faithfully

The Keeper

Redx

these are the 3 key points so you should adjust your appeal above accordingly, you appear to have missed the third one completely

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with the BPA Code of Practice
3) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass

apart from those changes and additions, its good to go

good luck

TalkGirl_uk

Just to clarify I definitely need to have 1/2/3 is it still okay to keep point 4 in there?

1) Signage does not comply with the British Parking Associations guidelines.
a.As a result of point 1 this presents a lack of clarity around the terms & conditions of the parking contract.
2) This charge does not represent a genuine pre-estimate of loss.
3) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass
4) Your initial Parking Charge Notice fails to comply with the guidelines outlined within the Protection of Freedoms Act 2012.

I just want to be certain before sending it off.

Redx

only if its true

and you had this in there earlier , only include this if its true as well

4) Driver was a paying customer of the establishment

my point here is that you MUST have the 3 points in that I copied and pasted , preferably the wording I gave too even if it means adding a few words to your draft

TalkGirl_uk

Okay so I have changed them and read like this:
1) Your signage does not comply with the British Parking Associations Code of Practice.
a. As a result of point 1 this presents a lack of clarity around the terms & conditions of the parking contract.
2) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner.
3) You are not the landowner and do not have the capacity to offer contracts or to being a claim for trespass
4) Your Parking Charge Notice fails to comply with the Protection of Freedoms Act 2012.
5) Driver was a paying customer of the establishment

I only originally adapted them as I was trying not to plagiarise the whole thing.

Redx

in that case , plagiarise this from stroma and add anything missing

Dear Person,

As the registered keeper of (reg) I'm in receipt of your parking invoice xxxxxx dated xxxxxx. I wish to invoke your appeals process as all liability to your company is denied on the following:

1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner
2) Your signage does not comply with the BPA Code of Practice
3) You are not the landowner and do not have the capacity to offer contracts or to bring a claim for trespass
4) Driver was a paying customer of the establishment

These points and others will be raised with Popla should you not accept this appeal, and you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner.

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. 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.

Please issue your cancellation within 35 days of this letter, or forward a popla verification code.

Faithfully

Umkomaas

@TalkGirl

Can you explain why you open your appeal with the phrase 'Without prejudice', please?

TalkGirl_uk

Of course the without prejudice rule is generally used to prevent statement made in a genuine attempt to settle from being used as evidence within court.

Link gives you more information on it http://uk.practicallaw.com/2-107-7511

Umkomaas

TalkGirl_uk wrote: »

Of course the without prejudice rule is generally used to prevent statement made in a genuine attempt to settle from being used as evidence within court.

Link gives you more information on it http://uk.practicallaw.com/2-107-7511

But why wouldn't you want the very basis of your challenge to the PPC to not be used in your evidence in court? You are not 'admitting' anything here that you might not want the court to see. This is the start of your 'attempt to settle', surely?