PCN help please!

Redx

that is often why sometimes only the LAND REGISTRY can tell you !

its often smoke and mirrors as these PPC dont wish us to know who the landowner actually is

da_rule

Are there any shops on the land that can either cancel the PCN or tell you who owns the land?

janesr1

No shops it is a beach car park, as a local I have tried to find out by asking around but no one seems to know............but lots have had PCNs there!!

ColliesCarer

Hi Jane,

take a look at the link below for a thread by an OP dealing with Kernow at Mousehole that might be useful

https://forums.moneysavingexpert.com/discussion/4837995

janesr1

OK how is this for starters? Have looked at other appeals and picked out what I think is relevant..............feedback please. Thanks

POPLA Verification Code: (to be inserted)
Vehicle Registration: (to be inserted)
PCN Ref: (to be inserted)
Alleged Contravention date and time: (to be inserted)
Date of initial notice: (to be inserted)
Date of my response: (to be inserted)
Date of rejection to my response: (to be inserted)
Parking Charge Amounts: (to be inserted)


Dear POPLA assessor

As the registered keeper of the above vehicle, I am appealing against the Parking Charge Notice issued against this vehicle on the grounds stated below..

1) The notice was issued out of time and is therefore not valid.
2) Amount demanded is a penalty not a genuine pre estimate of loss
3) No landowner contract nor legal standing to form contracts or charge drivers or Keepers

1)The notice was issued out of time.
The original notice was issued to myself as the keeper of the vehicle on (date to be inserted) for an alleged offense on (date to be inserted) .This is outside the 28-56 days allowed for notification to the keeper under POFA. I pointed out in my letter of (date to be inserted) that I expected car park management co to cancel any charges. car park management co state in their follow up letter of ( date to be inserted) that this time frame does not apply as they are not relying on POFA 2012 . If POFA does not apply then they are unable to pursue the Keeper. Schedule 4 paragraphs 8(5) or 9(5) specify the time limits for serving a Notice to Keeper. If this is not complied with then the registered keeper cannot be held to account for the alleged debt of the driver. Either way therefore the Payment Charge Notice has been invalidly issued, and this appeal should be upheld.

2) The amount demanded is a penalty and not a Genuine Pre-estimate of loss and is a punitive charge.
The parking charge does not represent a genuine pre-estimate of loss and therefore is unfair as defined in the Unfair Terms in Consumer Contracts Regulations 1999. As car park management co are alleging a contravention yet cannot show this is a genuine pre-estimate of loss, they have breached the BPA Code of Practice, which renders this charge unenforceable. A valid parking ticket was purchased and a copy was sent to car park management co, they refute that the ticket was not bought by the driver and could have belonged to someone else. No loss was made in this case as a parking ticket was purchased and the appropriate fee was paid.

3) No landowner contract nor legal standing to form contracts or charge drivers or Keepers
As car park management co are not the owners of this land and as such they cannot form a contract with the driver or Keeper, I wish car park management co to provide me with a full un-redacted legally certified by an independent solicitor as a true copy of the original copy of their contract with the landowner which allows them to form such a contract. A witness statement as to the existence of such a contract is not sufficient. I believe there is no contract with the landowner that gives car park management co the legal standing to levy these charges nor pursue them in the courts in their own name as creditor. This was shown to be the case by District Judge McIlwaine in VCS v Ibbotson, Case No 1SE09849 16.5.2012 (transcript in the public domain). So as regards the strict requirements regarding the scope and wording of landowner contracts, have breached car park management co breached the BPA Code of Practice section 7 and failed to demonstrate their legal standing, which renders this charge unenforceable.

da_rule

The only thing I would suggest is changing point 1 to something along the lines of 'Keeper liability cannot be established as the Notice to Keeper was not served in time'.

janesr1

are these 3 points enough or is there anything else I should include?

janesr1

I know that these companies monitor these forums and I don't want to give them the heads ups ahead of my POPLA appeal!!!!

da_rule

It will do the job, you could also throw in the point about inadequate signage.

janesr1

will do ta muchly