Opinions on appeal letter please

Redx

Jimin wrote: »

Ta Redx. From another thread, I got the impression that as of recently, the company are able to charge the registered keeper if the driver could not be named, so it made no difference if you identified yourself as the driver.

Like I said, I'll use the quote you gave me.

read too much and your head swims, yes

the NEWBIES thread tells you what you need to know, it also tells you about driver liability , keeper liability and when it can change from one to the other

its doesnt help that some PPC,s go after the driver liability due to failing POFA whereas others keep both options open in order to try to force the keeper down certain paths

your job is to determine which path to follow and why , depending on the circumstances, who is doing what , which protocol they are trying to follow, or if they are keeping all options open or not

if it wasnt complicated, there would be no forum as there would be no questions to answer

Jimin

Redx wrote: »

read too much and your head swims, yes

the NEWBIES thread tells you what you need to know, it also tells you about driver liability , keeper liability and when it can change from one to the other

its doesnt help that some PPC,s go after the driver liability due to failing POFA whereas others keep both options open in order to try to force the keeper down certain paths

your job is to determine which path to follow and why , depending on the circumstances, who is doing what , which protocol they are trying to follow, or if they are keeping all options open or not

if it wasnt complicated, there would be no forum as there would be no questions to answer

Indeed. I really appreciate all replies.

I'll send the appeal off this evening and wait to see what happens. I really don't want to cause Ethical Parking Management any undue hassle... well actually I do

Coupon-mad

Jimin wrote: »

Indeed. I really appreciate all replies.

I'll send the appeal off this evening and wait to see what happens. I really don't want to cause Ethical Parking Management any undue hassle... well actually I do

As you are in Sussex, put some dog poo in their letter box in Worthing then! JOKE!!!!!!

https://maps.google.co.uk/maps?q=ethical+parking+worthing+95+arundel+road&ll=50.841264,-0.418335&spn=0.000027,0.024784&hq=ethical+parking+worthing+95+arundel+road&radius=15000&t=m&z=16&layer=c&cbll=50.841264,-0.418335&panoid=KGehY-xWC455xqSFF5dOQw&cbp=12,0,,0,0

Bunch of knuckledragging ex-clampers, deserve all they get in wrath from victims.

Jimin

Haha! I couldn't possibly. I don't have a dog. Tempting though!

Redx

Jimin wrote: »

Haha! I couldn't possibly. I don't have a dog. Tempting though!

even better, cant be traced back to you , lol

the nearest park or dog walking track will have plenty from the irresponsible owners that dont clean up

Welsh_Exile

Redx and C-M, you might want to make it clear that your last posts are jokes. Just in case the knuckle-draggers know how to use the forum search

Jimin

Hello again everybody. Sunshine outside!

The bell rings for Round two. Here is the followup letter we received after posting off the recommended letter: [notes in parentheses are mine, believe it or not]


LETTER BEFORE ACTION

We write further to our formal demand letter advising you as the registered keeper of the above vehicle you have now become liable for a Contractual Breach Charge.

The CBC is in relation to a parking event [a parking event!] on the xx/xx/xx at xxxx.
You, as the registered keeper had the option of either paying the amount due within 28 days of our notice or notifying us of the identity of the driver of the vehicle.
You failed to do either and as a result of schedule 4 of the Protection of Freedoms Act 2012 we are now entitled to contractual damages from you as the registered keeper.

The sum of £100 to which the charge relates is now due from you and is to be paid within 28 days of the date of this letter to the address shown above.

We enclose photographic evidence and a copy of the original charge for your information. [They didn't].

We have to inform you that if we don't receive payment from you within 28 days of this letter, we will issue court proceedings in respect of the outstanding amount and please be advised that failure to comply with the Practice Direction for Pre-Action Conduct within the Civil Procedure Rules may result in further costs being sought against you.

We look forward to hearing from you as a matter of urgency.

Yours sincerely

Ethical Parking Management

Pre-Court Preparations Department [this made me hoot]

Any suggestions? Plenty to get one's teeth into there, I should think

Jim

Jimin

PS: The appeal I sent was the one suggested by Redx above. (Thanks again Redx)

Jimin

Anyone? Please?

Coupon-mad

They appear to be pretending they didn't get an appeal but it's not clear at all so just reply as if they've responded to your challenge but 'forgotten' to enclose a POPLA form (let alone the 'photographic evidence and a copy of the original charge'). So summat like:




Dear ''Ethical'' Parking Management !

Re - invoice xxxxxxxx
Thankyou for your reply following the appeal I sent you (copy attached in case you've since lost it).

It is telling that you didn't actually address my appeal points and strange that you think that your letter purports to be a 'LBC' in accordance with the Practice Direction - because clearly it isn't. You didn't even bother with the supposed 'enclosures' you mentioned let alone any evidence upon which you would seek to rely, in any case in the small claims track. So I am wondering if your 'rejection letters clerk' could have perhaps pressed the wrong template letter button.

So I will remind you that the clock is ticking on the 35 days you had - under the BPA CoP - to accept or reject my appeal. Luckily, I have researched and realise that you have also failed to establish keeper liability as your paperwork is woefully non-compliant with POFA 2012. In addition, it is clear that this fixed charge is not based upon any genuine pre-estimate of any loss because you have made no attempt to address that contention in your letter. Silence and failure to rebut a challenge point is deemed to be acceptance.

I remind you that with your 'rejection letter' (the other template your clerk missed the button for) you should have sent me a POPLA form/code. Of course you didn't enclose one, even though 'Ethical' (an oxymoron if ever I read one) is supposedly no longer just a notorious clamper firm but has signed up to help your Trade Body the BPA Ltd. to ''drive up standards'' in the private parking 'industry'.

Well you are 'driving' me up the wall and on a serious note, you must now Take formal note:

(a) your letters constitute harassment. If you persist, your contact will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009).

(b) any obfuscation on your part, such as pretending I have to name the driver, alleging I was too late to appeal as keeper or requiring more evidence when clearly the letter I sent already represents my full challenge, will be reported to the DVLA and to the BPA, as a sanctionable breach of their Code of Practice.

(c) If you reject my challenge and insist upon taking the matter further I must inform you that I may claim my costs from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses and legal fees as well as liquidated damages for distress arising from harassment.

I would remind you that your procedures and documents fail to meet the requirements of POFA 2012 for 'keeper liability' so you may prefer to just cancel the charge rather than waste a POPLA fee. There is no third option open to you as an AOS member. By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.

Yours,

{the keeper's name and a squiggle - they don't deserve to see your real signature for obvious reasons}