Parking Eye NTK received for a gym car park

Cozworth806

So wife parked for just short of three hours to go shopping, the gym used to be a Fitness First but now is an independent and has installed signage.
£100 PCN reduced to £60 if paid in 14 days.
While we aren't members I am still to appeal so can you advise how far to go into the pre estimate of loss in the appeal? It is a free car park, where the memebers should give their reg number in at the desk. However the car park is rarely 50% full so no loss would have occurred.

My current appeal letter from the templates

Thank you for taking the time to look at this

Dear Parking Eye

PCN number
As the registered keeper, 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. The driver has used this gym car park a number of times before and has never been aware of any signage. (Note: there are signs in place, but not visible from all areas of the car park)

3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass.
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[/FONT]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 (10February 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, such as pretending I have to name the driver, alleging I am too late or unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, 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,

ColliesCarer

That will be fine to send for your 1st appeal - chances of course are they will reject it and provide a POPLA code
When you get that - or in between if you want to gen up - check out post #3 of the NEWBIES thread - and examples of winning 2nd appeals - for how to put together a knock out POPLA :-)

ampersand

-and pop it up here for the experts to cast an eye over beforehand.
Obtain and keep a CoP from the PO when you do send it - I like to do em and snailmail.