PCN- Did I screw up????

Gyopar

I have been given a PCN.This was my answer..:


OUESTION: today I received a letter from the third party company askinf for my deatils..Shall I just stay put and wait for NTK???

Did I screwed up by saying " When I rushed back to the car..?":(:mad:



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


[FONT=&quot]The car was parked parked at the Castle Car Park, at 11:22 and payed £8 for 3 hour parking on a Sunday morning.[/FONT]
[FONT=&quot]When I noticed, that my parking just about to expire, I rushed back to the car, I was probably less than 10 minutes late, and by then the parking notice was glued to my windscreen asking to pay £100(or £60 within 14 days)!!!!![/FONT]
[FONT=&quot]I took photographic evidence that I was back in my car by 14:32,got the penalty charge at 14:29 (7 min after its expired) and was unable to do anything by then...just ignore this ridiculous charge.[/FONT]
[FONT=&quot]According to the Unfair Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there.[/FONT]
[FONT=&quot] In my case, the £[/FONT][FONT=&quot]100[/FONT][FONT=&quot] charge you are asking for far exceeds the cost to the landowner of 4£/hour parking charges.How can you justify that???[/FONT]
[FONT=&quot]If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter. [/FONT]
[FONT=&quot]Yours faithfully,[/FONT]

Coupon-mad

Well you appear to have certainly given away who was 'in the car' which is why I provide a template really, to avoid people doing this! But all is not lost at all, as UKCPM are beatable at POPLA as long as the wording is written strongly (as their signs sometimes suggest a contractual fee even though the PCN says 'contravention/breach').

Did you send that too quickly, before a NTK in the post even arrived? That's not recommended either, should have waited. But you can still win at POPLA.

I don't understand what you have received. How can they 'ask for your details' if you've written to them and they have your name/address/car reg already?

If you mean they are asking who was driving don't tell them and if you have NO POPLA form or Code(?) just say 'whilst I was an occupant of the car I have not divulged the details of the driver and have no legal reason to help you in this regard. I am appealing as the keeper of this car and expect a POPLA code by return.'

Gyopar

Dear Coupon.med thanks taking your time answering my problem.

I received the PCN on my windscrean,in Windsor,then briefly read couple of comments on MSE and tried to be proactiven,and use the militant way...to deal with this ridiculous invoice.
As english isnt my first language I probalay cocked it up slightly,and unwittingly admitted that I am the owner of the car...The car was driven by my boyfriend,but either way it wont make any difference if its comes to paying.Wich we obviously wont't do.

Do you recomend then to wait for NTK or write that part of your answer to them :

'whilst I was an occupant of the car I have not divulged the details of the driver and have no legal reason to help you in this regard. I am appealing as the keeper of this car and expect a POPLA code by return.'


The reply from the third party company to my initial (stupid) letter was:


Thank you for your recent email, your comments have been noted.
We are a third party company that act on behalf of the company (UK Parking Limited) that has issued you with the Parking Charge Notice ("PCN"). Therefore we require your full corresponding address so we are able to go through the appeals process, once we are in receipt of this we will passed your appeal to our client and they will be able to have an outcome for you.

Please provide this information by the 06/04/14, so you are within the reduced amount time period.

Kind regards,
CH

Coupon-mad

There will be no Notice to Keeper as you've already started the appeal early, which isn't a bad thing really, especially as in fact you weren't the driver! So do NOT wait.

Send a reply to the third party firm (TNC or PCS maybe?) by the same method they used, whether email or letter. Just say:

Dear XXX
This is my postal address (see below) and whilst I was an occupant of the car I am appealing as the registered keeper. I was in fact a passenger not the driver on this occasion - and as keeper, I expect a POPLA code by return from the private parking company (PPC) or I will complain immediately to the BPA Ltd and DVLA. I would remind you that under the BPA CoP, 'drivers and keepers can appeal to POPLA' and recently the BPA reminded PPCs that they could not delay issuing POPLA codes or pretend that the driver has to be named. I have not divulged the details of the driver and have no legal reason to help you or the PPC in this regard.

Of course, the PPC may prefer to just cancel the fake PCN as they will be faced with a strong POPLA appeal from a well-known forum if they pursue this matter, and it will be based on the lack of genuine pre-estimate of loss and lack of title/standing as they are not the landowner, among other points. POPLA code or cancellation letter please to this address:

YOUR NAME AND ADDRESS



Please do show us on your thread here, a pic of the sign and don't start any new threads; keep all the discussion until you win, here. Please note, you are a newbie so you can't post working links yet. So you will need to take pics of the sign, the words on it and the lack of signage at the entrance and show us the URL as a broken link. That means you must remove the http:// from the URL where the photos are hosted (tinypic or photobucket, etc.).

Gyopar

I will follow your advide Coupon-med!
But what do you mean by that part of your message:

Please do show us on your thread here, a pic of the sign and don't start any new threads; keep all the discussion until you win, here. Please note, you are a newbie so you can't post working links yet. So you will need to take pics of the sign, the words on it and the lack of signage at the entrance and show us the URL as a broken link. That means you must remove the http:// from the URL where the photos are hosted (tinypic or photobucket, etc.).


I didnt take any pictures of the signage in the carpark at the time.

Coupon-mad

You might get a picture of the sign with their 'rejection of appeal' reply, or can you get a photo of the sign? If you get one that shows the wording on the sign please show it to us. UKCPM signs have fooled a POPLA Assessor on one occasion as they pretend that the charge is a contractually agreed fee (it's not, and the PCN gives away it's really a breach of contract allegation which is easy to beat at POPLA).