Parking Ticket Luton 27/02

Filets

Hi, great forum.
I am new here and came because on 27 Feb I went to Luton to pick up a friend. Since I was not familiar with the airport I stopped 30 seconds to make a phone call. Well, dated 18/03/2014 I have received a "Parking Charge Notice" for stopping in an unauthorized place.

I have been reading the forum and what I have found so far is that I have to send a letter similar to this:
https://forums.moneysavingexpert.com/discussion/comment/62478323#Comment_62478323

My questions are:

Which address send the letter to?
Send a complaint to DVLA for unlawfully giving my data? By email or letter? To which address?


Thanks for the help.

PS: the link is broken because I am not allowed to put links since I am new. Just remove the space between h & ttp.

da_rule

Was the notice received through the post?

If so then yes this template is fine. The address should be on the notice under the address for appeals.

Redx

that post is 8 months old so not sure its a good one to use

the most recent template letter is in here https://forums.moneysavingexpert.com/discussion/4816822 and can be used for any PPC

or this recent APCOA appeal https://forums.moneysavingexpert.com/discussion/4898841

once you get a popla code , consider adapting this recent popla appeal https://forums.moneysavingexpert.com/discussion/4907829

Umkomaas

Don't waste your time complaining to the DVLA. They are working within the law (despite the fact that no one on here likes what they do), there's nothing your letter is going to change.

Spend the time you save reading the NEWBIES sticky at the top of the forum index.

Filets

I have found the address atthe bottom of the letter.
And now I am going to read the NEWBIES sticky.
Thanks to all.

Filets

One last question before I send the letter.
More that 14 days have passed between the infraction and the notification
Is it still a good reason to request the cancellation?

Coupon-mad

Doesn't matter as there is no keeper liability on Airport land anyway, due to Byelaws. So a PPC cannot charge '£silly money' and cannot invoke POFA2012 (which is the Act which sets that 14 day deadline). Without POFA2012 they can only pursue the driver (in fact the landowner/Airport can only pursue the driver, for the amount set in the Byelaws which is probably a fiver or something!). So basically it's neither here nor there that they sent the NTK a bit late as they haven't established keeper liability - and cannot.

Send the template first appeal from the NEWBIES thread, and add a point #4 'There is no keeper liability on Airport land due to Byelaws taking precedence; this is not 'relevant land' as defined in POFA2012. In any case the NTK arrived too late. If you were attempting to suggest keeper liability was established, you have failed and I am appealing as the registered keeper so good luck at POPLA stage with that.'

Umkomaas

Another blow from CM to the PPC solar plexus :T.

Filets

Finally, this isthe letter I have sent

[FONT=&quot]Dear Sir/Madam,

I am writing to you as the registered keeper of the vehicle in relation to a parking charge notice (PCN no. XXXXXXXXXX) received on xx/xx/2014. I am asking you to cancel this charge immediately for the following reasons.


1) The supposed signs/warnings were not adequate. The signage is not adequate to form a contract between driver and operator. The key wording is too small and too detailed to read from a moving vehicle. The only way to read the signs is to stop and park, thus contravening the instructions.

2) No contract was knowingly entered. Forming a contract with ill informed customer is in breach of The Consumer Protection from Unfair Trading Regulations 2008

3) The charge is unjustified. The amount demanded is a penalty and not a genuine pre-estimate of loss. The charge does not represent a true pre-estimate of loss and the operator has not given a breakdown. It is impossible that the landowner lost money through the driver’s actions. Equally, as APCOA make a sizable profit, their charge cannot represent a loss.

4) No legal authority to issue a PCN. The operator is not authorized by the landowner to issue charges.

5) There is no keeper liability on Airport land due to Byelaws taking precedence; this is not 'relevant land' as defined in POFA 2012. In any case the NTK arrived too late. If you were attempting to suggest keeper liability was established, you have failed.[/FONT]
[FONT=&quot]
If you do not cancel this charge I would like you to send me a POPLA code as I will be taking this to them. If you contact me for any reason other than to inform me my charge has been cancelled or to issue me with my POPLA code only, I will take it as harassment.

[/FONT][FONT=&quot]Regards

[/FONT]

da_rule

Consider adding this to the bottom:

Take formal note:
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. In addition, the driver and baby are protected by the Equality Act 2010 which specifically renders discrimination, harassment due to the effects of a disability and failure to make a reasonable adjustment, unlawful. The remedy for such a breach is liquidated damages and if you persist I will reserve the right to take legal action under the Act.

Other than that this looks good and ready to go.

Filets

Update here. I received letter from APCOA stating:

We have fully considered the circumstances you have explained......
we have cancelled the Parking Charge.

So thank you all for the help