Appealed to PCM no POPLA appeal needed

ABN

Appeal sent to PCM

“Dear Sir/Madam
REF xxxxxxxxx
I am writing to you as the registered keeper of the vehicle Reg xxxxxx with reference to Notice to Keeper number xxxxxxx regarding an alleged parking incident on 23/11/2013 at Haydon Way.

I am challenging, as the registered keeper, your parking charge notice on the following grounds. Please respond to each individual point that I state.
1) Unclear / Insufficient signage. The driver did not see any parking notices in the vicinity of where the vehicle was parked nor on the approach to where it was parked. I contend that your signage does not comply with the BPA guidelines.
2) Your claim is not a genuine pre-estimate of loss. The wording on your NTK appears to indicate that the parking charge represents damages for a breach of the parking contract - liquidated damages, in other words compensation agreed in advance. Accordingly, the charge must be a genuine pre-estimate of loss. The estimate must be based upon loss following from a breach of the parking terms. I challenge whether you or the landowner suffered any financial loss directly arising from my vehicle being parked in the alleged space.
Please note POPLA have upheld numerous appeals in favour of the motorist, including appeals against your company, on this ground alone. Thus I must conclude that you are fully aware of the validity of this point in this challenge.
4) I do not believe that your company has sufficient interest in the land to grant you the right to form contracts with drivers and pursue charges in your own name in the courts.
5) Your NTK does not confirm with Schedule 4 of Protection Of Freedom Act 2012
If this challenge is rejected I require that you
1) Send me a valid POPLA code to allow me to make a detailed appeal to POPLA based on, but not limited to, the above points.
2) A copy or photograph of the signage used at the site.
I look forward to hearing from you.
Yours faithfully the registered keeper,”

They replied today.

“We have considered your case carefully and have accepted your appeal to cancel the PCN. No further action is required from you in respect of the PNC”

So result without the further “worry” of having to write a POPLA appeal.
Would like to thank PePiPoo and MSE without whom I would most likely have failed.

bod1467

Might be better to edit the thread title to remove mention of POPLA. At the moment it suggests that PCM have rejected your appeal and not supplied a POPLA code, whereas in fact they have accepted your appeal and cancelled the PCN.

PS - well done.