I've ignored my 'PCN', was this wrong?!

Hugo77

Sorry for the confusion, I should have perhaps made two threads in the very beginning...

I have two tickets:

1 from Excel at The Peel Centre. I got this over a year ago and had ignored it, then recently realised this wasn't the protocol anymore. So far I have written to them to give the drivers details to restart the clock, which is when they responded to say that they'd no longer accept communication from me.
For this I will follow your advice and contact the BPA.


Separately, I recently received a PCN from Liverpool airport, and have followed the appeal route, which was rejected and now have a POPLA code. I think I have just 5 or 6 more days until the 28days is up.

So point #2 doesn't apply to Liverpool Airport? Is the rest ok?

Coupon-mad

Point #2 does apply but not if you've said who was driving. As long as you haven't, then leave it in. 'Not relevant land' certainly applies to Airports & railway car parks.

Hugo77

No no I haven't said who was driving. I received the PCN, followed the normal route of appeal using a standard letter from this site, this was rejected and now I have a POPLA code. This is my first POPLA draft.

So, thanks for all your help, I'll send the appeal to POPLA and let you know how I get on...

Hugo77

I’ve changed a couple of points and would really appreciate it if someone wouldn't mind giving me some advice:

No 1) I have changed, but unsure if it still makes sense:

1) The amount demanded is a penalty and not a Genuine Pre-estimate of loss.
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. Vehicle Control Services Ltd (VCS) are alleging this is ‘a reasonable charge for liquidated damages’, however I would require a breakdown of these charges to demonstrate how this sum was calculated as a genuine pre-estimate of loss. Should this not be robustly proven it is contended that this is a penalty, and therefore VCS have breached the BPA Code of Practice, which renders this charge unenforceable.


And regarding no 5) - I parked the car at 3am, so it was dark and I didn’t see the signs. But the time on the PCN is 13.30, so this was during the day.
Can I still use this argument? Should I mention what time the car was parked, and that this can be proven by giving the flight details?


Thanks in advance, this is so difficult.

bod1467

"I parked the car"? And you're saying you haven't said who was driving? Really?

Coupon-mad

I would leave it in as it is - otherwise you tie yourself in a knot about who was driving and also if the driver didn't see the signs how come the paid and displayed? Rhetorical question. Leave #5 as it is.