Pcn liverpool airport

ampersand

Why not just stick with c-m's excellent 1st letter[and read as per redx above], tweaked to your circs. and remember a squiggle signature.

Dear VCS,

PCN number xxxxxxx
As the driver, I have received your parking invoice which of course, I decline your invitation to pay. I wish to invoke your appeals process, since all liability to your company is denied on the following basis:

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 your ATA Code of Practice and was not sufficiently prominent to create any contract
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

Please issue your standard cancellation letter or a specific, detailed rejection letter. If you choose to send the latter, it must state:

- the legal basis of your charge (i.e. breach, trespass or contractual fee?) as your signage was not seen/accepted by the driver and your recent Notice failed to make the basis of the charge clear. As keeper, I cannot be expected to guess the nature of the allegation.

- if alleging breach of contract, with your rejection letter I require a breakdown of the liquidated damages suffered, and by whom, and when this calculation was determined and how this particular 'loss' arose. Please also explain how/why you charge a fixed sum no matter whether the alleged contravention was trivial or more serious and how that can amount to a genuine pre-estimate of loss.

- if alleging trespass please enclose evidence of the perpetrator and proof of the liquidated damages alleged and the calculation of this sum.

- if alleging 'contractual fee' I require that you now send me a VAT invoice by return and explain the daily rate for parking and service provided for the fee. Failure to provide this information and a VAT invoice now that I have requested it, will be considered evidence that this was not in fact a genuine offer to park for a fee and is merely a penalty which is not recoverable in contract law (as found by Mr Recorder Gibson QC, on appeal at Luton County Court in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014).

Take formal note:

(a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent 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) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.

(b) Any obfuscation on your part, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your 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.

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,
squiggle signature
#
Were you in the carpark or the access road?
Important here.
See PP blog pics/comments after you've read those 2 links well.
Good comment 'A fundamental flaw with the VCS notices here is that they are issued to those that stop for a few seconds on the access roads and not to those that use the carpark.
VCS invoke POFA on the letters they send out but there is no opportunity to acquire a ticket (paid or otherwise) on the access roads.
Therefore POFA which applies to parking on private land DOES NOT apply. The car is is not in an area where a ticket can be obtained either for money or any by other means.
Each and every ticket obtained on the access roads can be beaten at POPLA as it seems VCS are too stupid to realise this.'

jeanie49

I stopped on the access road for literally 2 seconds while my son put his case in the car!
The letter looks perfect! Im going to type it and tweak, and send by recorded delivery.
Thanks for all help.

Guys_Dad

Needs slight change.

OP has said she is NOT the keeper and has admitted driving. (Post #3)

Under these circumstances, you need to substitute "the keeper" with Driver" in the above appeal.

DO NOT SEND RECORDED DELIVERY as PPC won't sign for it. Instead, get a free certificate of posting from Post Office.

Redx

do NOT send by recorded delivery , they will refuse it and never get your appeal

use a free certificate of posting at the POST OFFICE

never admit to anything , nor any circumstances

I hope you have seen enough cop shows to know the validity of "no comment"

please stop rushing and think this through with our help

so use coupon-mads template but adapt it, and post using the free COP at the PO

jeanie49

I didn't realise all this goes on!!!!!
Will get free certificate of postage instead.
Theres an email address -shall I email too?

ampersand

jeanie49 wrote: »

I stopped on the access road for literally 2 seconds while my son put his case in the car!
The letter looks perfect! Im going to type it and tweak, and send by recorded delivery.
Thanks for all help.

###
No jeanie - as written several times, squiggle signature and cop from PO.
Go gently but thoroughly - the bulk of the work has been done for you to copy/paste, BUT it's wise to float any digressions or changes here.

Do read the other Threads and parkie's blogs on this place- you're too late for the PO now anyway, so slow down a little.

Remember, they only want your money. POPLA don't look at mitigation either. As c-m says, this 1st stage is a fishing expedition for that code.

Stick to the gold-medal track laid down here.
Yes, email too, taking screenshot, if it works for you.

I had changed the letter to your circs, but it failed to post correctly. Re-done now.

Redx

you can email if you want, just do not admit anything at this stage, its put up or shut up with a coupon-mad type appeal only, they will send an email response with a load of rubbish in it , but its one way of doing this

do both if you wish, but make sure you appeal within the timescales and the objective is cancellation or a popla code

than come back and use the appeals I linked to

Guys_Dad

And do not try to add any of your mitigation. POPLA will NOT give it any attention as I think some early POPLA decisions on the POPLA DECISIONS thread will show.

And the PPC will not either!