is this ok? before i send....

Geordie-hebs

It is alleged that, the driver of a vehicle, of which I am the Registered Keeper, parked in breach of certain terms and conditions and as such a Parking Charge is now due. As the parking charge arises from an alleged failure to comply with the terms and conditions then this indicates that the parking charge represents damages for a breach of the parking contract. Accordingly, the parking charge must be a genuine pre-estimate of loss.

The Parking Enforcement Company may claim that its charges are in line with the BPA Ltd Code of Practice. Whilst the BPA Ltd CoP states that operator must justify in advance any parking charge over £100, it does not automatically follow that any charge which is £100 or under is justified.

The Parking Enforcement Company may also claim that its charges have been held to be enforceable in other cases but has failed to produce any reasonable evidence to justify this particular parking charge. Losses caused by breaches of a parking contract may vary depending on the nature of the breach and the car park. The fact that a parking charge at a certain level is held not to be a penalty in one area of private land does not mean that the same sum is a pre-estimate of loss caused in every area of private land.

The Parking Enforcement Company may also claim that the charge is justified commercially and so need not in any case be a genuine pre-estimate of loss. If the Parking Enforcement Company’s submission includes costs which in reality amount to the general business costs incurred for the provision of their car park management services then that cannot be commercially justified. The whole business model of a Parking Enforcement Company in respect of a particular parking enforcement operation cannot of itself amount to commercial justification.

It is my assertion therefore that the parking charge is punitive and an unenforceable penalty rather than a genuine pre-estimate of loss.

Lack of sufficient contractual authority

It is my assertion that the Parking Enforcement Company is not lawfully entitled to demand money from the driver. That is to say, that it has the necessary legal capacity to enter into a contract with a driver of a vehicle on this private land.

The Parking Enforcement Company has not been properly appointed as the agent of the landowner or has been properly authorised by the landowner to recover unpaid parking charges from a driver. If the Parking Enforcement Company refutes this then they should provide an un-redacted copy if its contract with the owner of the land and evidence of the land ownership of the party with whom the Parking Enforcement Company has contracted.

In the alternative, if the Parking Enforcement Company is the owner of the land then it should evidence that ownership, if the Parking Enforcement Company is unable or unwilling to do so, then this appeal should be upheld.


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, 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.

aggypanthus

Just ignore the demands as most people do, dont enter in to correspondence.

ColliesCarer

Geordie - what's it for and who are you intending to send it to?

Is this related to this thread here?
https://forums.moneysavingexpert.com/discussion/4928079

If so then I take it this is your 1st appeal to the parking company. You don't need to go into that level of detail for a 1st appeal so if I'm right then just send a modified version of the template 1st appeal in the NEWBIES thread which I've done for you below .
And for parking eye you could add a fourth point
4/ ANPR Accuracy and breach of the BPA Code of Practice 21.3


Dear {company name of this member of ''PPC World''},

PCN number xxxxxxx
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
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.

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, 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,



{the registered keeper's name} NO NEED TO USE A REAL SIGNATURE

da_rule

aggypanthus wrote: »

Just ignore the demands as most people do, dont enter in to correspondence.

If this is for a Parking Notice received on private land then the advice is NOT to ignore. The ignore advice has not been good advice since 2012.

da_rule

Is this in relation to this thread: https://forums.moneysavingexpert.com/discussion/4928079

If so then remove your references to Parking Enforcement Company and replace them with ParkingEye.

Also, do not start a new thread when you need to ask questions, add them to your original thread, it makes it easier for us to keep up with what's going on in your matter.

Can we please get these threads merged if they are related?

Umkomaas

aggypanthus wrote: »

Just ignore the demands as most people do, dont enter in to correspondence.

Can you enlighten us with the source of your considered advice please?

ColliesCarer

OR if you want a shorter version this will be fine


Dear {company name of this member of ''PPC World''},

PCN number xxxxxxx
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
3) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass
4) ANPR Accuracy and breach of the BPA Code of Practice 21.3

Please issue your standard cancellation letter or a specific, detailed rejection letter along with a POPLA code.

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,


Keepers name

Geordie-hebs

Thanks colliescarer that's what I'm sending

ColliesCarer

I take it you mean the shorter version in post #7?

When you get the rejection letter from P E, which is the likeliest outcome, come back on and checkout post #3 of the NEWBIES thread for info and advice about winning POPLA appeals then post up your draft appeal for help fine tuning it.

Geordie-hebs

Yes the shorter letter is what I'm going to send them,
Thanks for the help x

ColliesCarer

You're welcome.
If sending by post take to P.O. and get a free proof of posting receipt
Do NOT send it registered or signed for (they often refuse to sign and so they then have proof it wasn't delivered - sneaky huh!)
and/or
submit on-line