PCN help please!

janesr1

Advice please................................

Member of my family was issued with a windscreen PCN on boxing day. (Kernow Parking Solutions)

Paid £2 for a ticket at 14.15hrs. They were going to stick the ticket to the windscreen but as it was a windy damp day decided to stick it to the dash board. Ticket was valid until 17.15.

Came back to car to find PCN attached. Ticket was not on dashboard ? blew off.

PCN details time seen : 14.34 PCN issued 14.35. Photographs taken by operative.States contravention code:
C - Failed to pay and display
H- vehicle not displaying a valid parking ticket


Yes I know that the ticket had blown off and was technically not displayed but what are the chances of getting this charge cancelled? is it worth fighting this? as they are charging £60 if paid within 14 days or £100 if not! Also only a PO Box address of mobile number.

" KPS does not know the name of the driver and a current address for service for the driver and invites the keeper to pay the unpaid parking charges; or if the keeper was not the driver of the vehicle , to notify the KPS of the name of the driver and a current address..........."

also state only written appeals with full postal address will be considered further.................

do we challenge or just pay up?

thanks

Redx

if you still have the payment ticket, scan it

now read the NEWBIES - READ THIS FIRST sticky thread near the top of the forum, this tells you everything you need to know about appealing etc

this tells you why https://forums.moneysavingexpert.com/discussion/4835943

ps:- do not name the driver, or imply who they were

they suffered no loss so there is no case to answer, its not a genuine pre-estimate of loss

janesr1

Still have ticket will scan...................and read newbies. Thanks

Redx

here is a soft appeal

Dear KPS,

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) The driver paid for a ticket (copy enclosed) and so no loss was made in this case, nor was the driver trespassing due to paying for the valid ticket in order to park and they did not overstay either

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

now wait for the NTK to arrive between 29 and 56 days, then use it as your appeal

if the NTK arrives of course , do not name the driver at this stage either, or when you soft appeal

janesr1

great thanks for that, will wait for the NTK to arrive..............will come back and update. Thanks again.

janesr1

Hi again,
Well the NTK arrived today..........................82 days after PCN (59 days if they only count working days ie no weekends or bank holidays).
Should this have been served between 29 & 56 days? and if so should I include this in the appeal letter?
Thanks

Stroma

Yes include it if they say keeper liability or pofa 2012 and so on. And it's 56 days from the ticket, not 56 working days

Coupon-mad

Yep just adapt the template appeal in the NEWBIEs thread to add the late NTK issue.

janesr1

Have now received a rejection of the appeal letter with answers to all the points made ( as per suggested letter template in this thread). The charge has now increased and they have included accusations that the ticket was purchased by someone else!?
They have given me a POPLA code. ...............should I now write the same letter to POPLA (finding this all a bit stressful at the moment as I have more pressing things in my life at present than trying to defend the purchase of a £2 parking ticket!)
Advice please.........thanks.

Redx

when it comes to popla you need a legal letter and not mitigation

read the NEWBIES sticky thread at the top of the forum and click on the POPLA LINKS to look at examples of popla appeals, then draft one in notepad (or find a similar one and plagiarise it) and then post it on here for checking , minus any personal info of course

also bear in mind this process is less stressful to do now than if it came to a court claim (which it probably wont , but never say never)

but the quickest way of getting the matter dropped is asking the landowner to cancel it too, but start on the popla appeal as well, do not leave it as you have less than 28 days to sort this popla appeal and get it to them, so before the end of april preferably

ie:- find the time

janesr1

Thanks RedX am drafting my POPLA appeal and will post for feedback. I have tried to ascertain who the landowner to write to them also, however cannot find details of them anywhere, any suggestions on where I could look company only offer PO Box address. Thanks.