NTK Received from Brittania Parking

lifesarainbow

Hi, can anyone help?
I have just received a NTK from Brittania Parking. I followed all advice and didn't respond to the PCN, just waited for the NTK to come.
Then as advised I clicked the link to the POFA 2012 Schedule 4 wording to check the NTK against it. Now I think there may be a mistake in the NTK, but I don't know if I'm not reading it properly or if they have made a mistake, would it just be regarded as an admin error.
I think the mistake is that in different places Brittania's NTK says it is notifying me under Paras 8(1)(c), 8(1)(b) and 8(1)(f). But when I clicked through to the POFA document, it seems to show the wording under Paragraph 8(2)(c), 8(2)(b) and 8(2)(f). I'm not sure how I can send a copy of the NTK to you to check.
Do you think this could be a mistake, and if so should I should mention it in my Appeal to Brittania? If so, I'd be ever so grateful for any suggested wording. (I am planning to use the site's suggested template for this initial appeal).
Thank you.

Coupon-mad

I think you are right, so I would just state it as fact (you should not be expected to be an expert). But that would only be a point #4 to add to the NEWBIES first appeal template anyway. I think you can send the appeal online to Britannia so it can all be done today.

lifesarainbow

Thank you so much for your reply Coupon Mad, I'm really grateful.
I just checked Brittania's NTK and it does give their email address for lodging the appeal so I will do it that way.
I'm not sure how to word my point no.4. Should I say something like:
" The Notice to Keeper does not comply with Schedule 4 of the Protection of Freedoms Act 2012 in that the NTK quotes Paragraphs 8(1)(c), 8(1)(b) and 8(1)(f) of the Act when the relevant paragraphs are, respectively, under Paragraphs 8(2)(c), 8(2)(b) and 8(2)(f) of the Act. "
If that's not a good way of putting it, could anyone help me out with better wording?
Thank you very much again.

ColliesCarer

Would suggest
4/ No keeper Liability - The Notice to Keeper does not comply with Schedule 4 of the Protection of Freedoms Act 2012:

The NTK quotes Paragraphs 8(1)(c), 8(1)(b) and 8(1)(f) of the Act when the relevant paragraphs are, respectively, under Paragraphs 8(2)(c), 8(2)(b) and 8(2)(f) of the Act.

lifesarainbow

Thank you so much ColliesCarer .
I have 3 more questions to help me finish my draft appeal. Then I'll put it up for you wonderful people to check before I send it:
1) The NTK doesn't use the word 'Breach'. It states: "Contravention: Parked after the expiry of paid for time". Is the word 'Contravention' important? Or does it mean the same as 'Breach'? Does it mean I can't use the template appeal letter?
2) I took photos of Brittania's signage and checked it against the BPA's Code of Practice. The BPA's AOS logos don't appear on any of their signs. Paragraph 18.8 of the Code says they "should display the BPA's AOS logo at all sites". I don't know if this is a breach of the Code because it only says "should". So should I still use para #2 of the template appeal letter and quote that they don't display the logos? Or should I just delete para #2 altogether?
3) I am going to email the appeal letter to Brittania, but should I also post them a hard copy and get a 'proof of posting' from the Post Office?
Sorry for the extra 3 questions everyone and I'm really, really grateful for your help.

Coupon-mad

Contravention does mean the same as breach in this matter, yes. The template letter suits ALL types of fake PCNs from private companies.

I wouldn't add a BPA CoP breach about signs because a BPA CoP breach doesn't win a POPLA appeal so isn't important in the long run. No need to also post an appeal if you email it.

Umkomaas

1. Breach = Contravention = Need to show GPEOL = Can't = Win at POPLA.

2. Add that to your POPLA appeal, with photos (but not particularly potent).

3. Do both if you wish, but not essential.

lifesarainbow

Thank you so much again CouponMad and Umkomaas. OK, I'll finish my draft appeal letter in the morning and will put it up for comments before I send it.

lifesarainbow

Hi lovely people
Here is my draft appeal letter to Brittania Parking (I have taken out reference to their signage). Do you think the letter is OK?


Dear Brittania Parking

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) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

3) Your Notice to Keeper does not comply with Schedule 4 of the Protection of Freedoms Act 2012 and is therefore invalid. The NTK quotes Paragraphs 8(1)(c), 8(1)(b) and 8(1)(f) of the Act when the relevant paragraphs are, respectively, under Paragraphs 8(2)(c), 8(2)(b) and 8(2)(f) of the Act.


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) Should you not accept this appeal, these points and others will be raised with Popla and you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner.

(d) 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,

[Registered Keeper’s Name]

Umkomaas

If that's been taken verbatim from the NEWBIES sticky, send it off. I note you've omitted the paragraph on signage. Have you amended any of the other text? If not, no need to respond - just fire it off to the PPC.

lifesarainbow

Hi Umkomaas, thank you for your help again .

Yes I have added an extra paragraph (c) near the end of the letter after I saw it in another post. It says "Should you not accept this appeal, these points and others will be raised with Popla and you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner".
Should I take this out?

Also, I've replaced the paragraph on signage as the BPA logo doesn't appear on Brittania's signs and although it isn't a major point, I suppose it doesn't hurt to mention it.

Below is my revised draft letter:


Dear Brittania Parking

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) You are not the landowner and do not have the standing to offer contracts nor to bring a claim for trespass

3) Your Notice to Keeper does not comply with Schedule 4 of the Protection of Freedoms Act 2012 and is therefore invalid. The NTK quotes Paragraphs 8(1)(c), 8(1)(b) and 8(1)(f) of the Act when the relevant paragraphs are, respectively, under Paragraphs 8(2)(c), 8(2)(b) and 8(2)(f) of the Act.

4) Your signage does not comply with your ATA Code of Practice and was not sufficiently prominent to create any contract

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) Should you not accept this appeal, these points and others will be raised with Popla and you will be expected to provide a full breakdown of your alleged loss, and your full unredacted contract with the landowner.

(d) 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,

[Registered Keeper’s Name]