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Charge Notice from TPS - Overstay

Hi all, first post so please be nice :D

I've read through the forum a lot, after coming to it from Googling TPS, and very nearly had decided to follow the paper aeroplane advice.

Luckily I spotted CM's signature and went on the hunt for their sticky. I've read through their guide and Umkomaas's post step-by-step as well. Great guides, thanks so much for the effort first of all.

I think I understand the process, Umkomaas talks about a "soft appeal" as the first step, I assume this means following the guidance on the back of my notice to write a letter. However they also list under "Contact Us" an email address (tps@appealpcn.co.uk).

My first question is: Am I right that this is the first step? If so can I appeal through this email address or do I have to physically write a letter?

Secondly, I'm not entirely sure what I should be saying in the appeal (other than being careful about using "driver" and "keeper"). The driver parked in Halfords car park on Christmas Eve, popped in to browse but didn't buy, then got a phone call and had to walk to see a friend nearby quickly. Quickly turned into a Christmas catchup and it appears they returned almost 3 hours later.

To be perfectly honest I hadn't noticed any signage at all and will be popping back tomorrow to have a look. But otherwise I'd imagine they've got us bang to rights (I have no idea what the actual time limit was or the details of the sign).

So my second question is: Is there anything in particular I need to be sure to reference in my appeal, or is it simply the act of appealing that's important?

If it's relevant I can't find any reference to POFA 2012 and the charge is £100 but they will "accept £50 if received before 17/1/14".

Thanks in advance, and keep up the good work,

Shmmeee

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    read the sticky thread called NEWBIES - READ THIS FIRST by coupon mad, tells you everything you need to know

    dont worry about the details of the PCN too much , this tells you why https://forums.moneysavingexpert.com/discussion/4835943

    start with a soft appeal similar to this, adding any details you feel relevant but not naming nor implying who the driver was or is
    Dear TPS,

    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

    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

    if they were there twice, check what the signage says as regards free time , also the "no return in" too
  • Thanks for the reply, I really appreciate it.

    On a small point, as stated in my OP I did read CM's sticky, however I found it hard to get specific points out as it tries to cover all bases.

    I'm sure to those in the know, it all makes sense, but to someone coming in fresh it's easy to get tangled in "if this then that" style
    sentences.

    That's why I read through Ukomaas's step-by-step as suggested in the sticky. This is far more clear, but I still had questions, hence the thread.

    I hope this is taken in the spirit it's intended as constructive advice on why you still get so many newbies posting threads despite repeated requests to "read the sticky" (ignoring the fact that the sticky says to post a new thread if you have an issue :wink:)

    Once again, thanks for the advice and the extremely quick response. I'll fire that off in an email and see what happens.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    yes I read that you said it, but was reiterating that all the info you asked about is in there, no problem with clarifying it and you needed a soft appeal so I gave it to you seeing as you had already done some legwork ;)

    its a pity more dont do the research before posting, so hopefully if they read this it may make them do as you did

    good luck
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