Car parking partnership

da_rule

Please don't start new threads when they relate to the same issue, it makes it hard to go and check the history. If you just post a reply to your original thread it will bump it to the top of the forum.

In terms of what you've done, this sounds correct. Keep waiting for the notice to arrive through the post. Should you receive any more tickets then follow the same procedure for each, as each has to be appealed separately.

If you're feeling particularly neighbourly you could put a message on the cars that were ticketed directing them to this forum.

ColliesCarer

I agree with da_rule's advice

Here is the link to your thread

https://forums.moneysavingexpert.com/discussion/4937357

I'll ask a forum guide to merge them

da_rule

I've already contacted Crabman ColliesCarer

Marcyboy88

Thank you for the advice guys and for merging this Crabman.

I will keep you all posted.

Marcyboy88

Hello everyone,

I have received my NTK and need to get my claim started.

After referring to the forum again, this is where I make my initial and hopefully only representation against this CPN.

I have a few things to ask:

1) Can anyone link me to latest template of the appeal where I identify myself as the registered keeper of my vehicle.

2) Do I put my proof in this letter?
(Summary of my situation is that I was parked on land owned and bought outright by my landlord, so the CPP had no right to ticket (invoice) me or by extension my landlord. I have documents stating ownership)

3) I understand I need to send this in such a way that I am certain they receive it, what way is best?

And that's it for now, once I have the template filled out I will of course post it here for review.

Thank you for all the help guys and girls.

Redx

1) the template for the NTK letter is in the newbies sticky thread by coupon-mad first or second thread down on this forum

post #2 told you this

You need to read the Newbies sticky but in short :

2) if you have proof without admitting who the driver was , add it (attach a scan or whatever)

3) online , or by post with free certificate of posting at the post office , or both

Marcyboy88

Thank you for the quick reply Redx.

Once I have a draft drawn up I'll post it up.

Thanks again.

Marcyboy88

Hi All,

Can you please look over the edited template, which is in reply to my NTK letter.

I will email this to the company.

Dear Car Parking Partnership,

CPN number CP074xxxxx (Originally said PCN, changing to CPN (Civil parking notice) is correct yes?)
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:

My Landlord is the landowner and Popla Harca who is the company you enforce on behalf of have no control over the bay my landlord owns outright.
This has been confirmed in a phonecall with Popla Harca and as further proof I have enclosed two documents proving land ownership. (Review please)

((
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 (I guess I just delete this))

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, 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,

Mr Marc Fishwick


{the registered keeper's name}
ADD A SQUIGGLE IF POSTING IT - NO NEED TO USE A REAL SIGNATURE (Again I will delete this part)


Is there anything else you can advise to add to this?

Also is this template the most resent and relevant version?

Thank you,
Marc

Coupon-mad

Yes that's the most recent version and your addition makes total sense.

Marcyboy88

Hi Coupon-mad,

Thank you for taking a look at this, also on behalf of myself and all the newbies on this site, thank you for your excellent sticky post and all the information within it.

Final draft below for the records of this post:

Hi All,

Can you please look over the edited template, which is in reply to my NTK letter.

I will email this to the company.

Dear Car Parking Partnership,

CPN number CP074xxxxx
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:

My Landlord is the landowner and Popla Harca who is the company you enforce on behalf of have no control over the bay my landlord owns outright.
This has been confirmed in a phonecall with Popla Harca and as further proof I have enclosed two documents proving land ownership.

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, 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,

Mr Marc Fishwick

Kind regards,
Marc