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Soft Appeal Template - Needs Revision?

edited 27 January 2014 at 1:42PM in Parking Tickets, Fines & Parking
9 replies 3K views
bod1467bod1467
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edited 27 January 2014 at 1:42PM in Parking Tickets, Fines & Parking
The accepted initial appeal to PPCs is seen as below (Stroma's):
Dear xxxxx

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 on 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.

I have seen some recent threads (example) where the PPCs have reverted to sending communications which are neither appeal rejections nor do they include a POPLA code. Should we add the following to the end of the appeal?
Any communication that does not either confirm cancellation or include a POPLA verification code shall be reported to the BPA as a breach of their Code of Practice - the BPA recently issued guidance to all members to remind them of this fact. Such communication may also be deemed harassment and pursued accordingly.

Replies

  • edited 27 January 2014 at 3:47PM
    UmkomaasUmkomaas Forumite
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    edited 27 January 2014 at 3:47PM
    Seems a sensible add-on and which will hopefully reduce the number of cases where a motorist has to chase up their POPLA code.

    I've added it to my copy of Stroma's template.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
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  • Coupon-madCoupon-mad
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    I have added this thread to the NEWBIES sticky as the second link for a 'first appeal'.


    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • StromaStroma Forumite
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    Yep great addition to the template, though being template means people can just adapt it to their needs
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • StromaStroma Forumite
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    Uniform Washer
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    So perhaps this
    Dear xxxxx

    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 on 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.

    Any communication that does not either confirm cancellation or include a POPLA verification code shall be reported to the BPA as a breach of their Code of Practice - the BPA recently issued guidance to all members to remind them of this fact. Such communication may also be deemed harassment and pursued accordingly.
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • Sounds good to me Stoma:)
  • bod1467bod1467
    15.2K Posts
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    Should we not keep in the 35 days reference (since that's also part of the BPA CoP)?
  • A couple of questions on points 2&3 in the template

    Where can I find details of what the BPA code of practice says about signage to know (hopefully easily!) whether the signage did comply?

    If the landowner hires a firm to manage the car park on their behalf (eg: shopping centre where the main retailer would be a very large supermarket), does that mean they DO have the right to offer contracts or bring a claim for trespass?? Also am I entitled to see the contract between the landowner and the firm appointed? If so, is there a time limit for that to be provided? It could take a first appeal over the 14 and 28 day limits.

    As a Blue Badge holder - is there a "template paragraph" link to add, or a completely different alternative template?

    I have read so much on MSE about PCNs and not having good health I'm feeling very overloaded and worried I will include something that isn't applicable and blow it.

    Sorry if I've missed Blindingly obvious answers to my questions!

    Thank you in advance.
  • bod1467bod1467
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    #1 http://www.britishparking.co.uk/Code-of-Practice-and-compliance-monitoring (4th result in Google when searching for BPA Parking)

    #2 Only if the contract between landowner and PPC confers that right. In almost all cases it does not. If the motorist includes this (no authority) as an appeal point (especially to POPLA) then it is for the PPC to prove otherwise.

    For everything else, see the NEWBIES sticky thread.
  • Thanks bod1467 -- really grateful! Will look at site!

    Have also found a really good thread about being disabled, with letter sent which is just what I was looking for!
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