NTK Received from Brittania Parking

ColliesCarer

Coupon-mad wrote: »

.......
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. .....

I don't think Coupon-Mad intended the above to be interpreted that you should leave out point 2 on signage from the template letter altogether. I think it was a response to your question

So should I still use para #2 of the template appeal letter and quote that they don't display the logos?

and meant don't bother adding in the bit about the logos.

So I would add point 2 back in just as it is in the template appeal because signage is important in terms of whether a contract was ever formed with the driver.

Also in your point 3 - the key thing about a non-compliant NtK is that it fails to establish keeper liability see my post #4 above

EDIT: sorry for the overlap - phone rang while I was drafting this response

lifesarainbow

Thank you again ColliesCarer. Sorry I got confused but think I've got it now. * I've put the signage paragraph back in exactly as it is in the template letter. ** I've re-worded the 'non-compliance with POFA' paragraph exactly as you suggest in #4 above. *** I've taken out the extra paragraph (c) about them having to produce their unredacted contract with the landowner.
So here's the final draft (can't tell you how grateful I am to you all). Do you think it's OK now?:


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) 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.

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) 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]

ColliesCarer

I would say so - yes
You could also have left point c) in - wouldn't have done any harm but if you have changed your mind about including it that's fine too

lifesarainbow

Thank you ColliesCarer .. you lot are definitely MSE Angels, and you have the patience of saints . Thank you again and I'll keep reading the forum and get ready for the rejection letter and POPLA code!

Umkomaas

@lifesrainbow - have been out until now, so sorry to seem to have been ignoring you!

It looks fine, and you realise that whatever you say in the initial appeal, the likelihood of a cancellation is pretty remote. The is a fishing trip for a POPLA code where you know a win is all but guaranteed.

Send it off.

lifesarainbow

Thanks Umkomaas, no I didn't think you were ignoring me, I'm always worried I'm not posting properly and might offend people if I say the wrong thing or put it in the wrong place .
I emailed my appeal letter to them a couple of hours ago. Don't worry I won't expect a cancellation, just the Popla code, lol. I've been on the BPA website all afternoon reading their material, the Popla newsletters and annual report etc. Stopped for coffee now, but will be back here later to read some more posts and replies. Do you think I should start drafting my Popla appeal yet, or just read the posts and get familiar?

Umkomaas

Take a bit of a breather now you've got your initial appeal on its way. Most of your next-stage work is already done for you and contained in the multitude of previous POPLA appeals in the forum thread 'POPLA Decisions'

https://forums.moneysavingexpert.com/discussion/4488337

Take the weekend off, then next week start having a browse through the latest results (work backwards), find one that has a close correlation to your circumstances, use that as your base model and tweak as necessary to form your own appeal.

Main issues to cover - no GPEOL, signage, no contract to issue charges and to pursue to court level, no standing or proprietary interest in the land.

You also need to just be prepared that the rejection letter from Britannia might not enclose a POPLA code, so you need to think about potential complaints to the BPA and DVLA.

But it's the start of the weekend, so relax and consider whether it will be a red or a white you're opening tonight!

lifesarainbow

You're brilliant! You must be so used to people saying thank you, but thank you. And it's red + Masterchef tonight, lol. Sunny weekend (hopefully) in garden, then clicking your link on Monday and lots more reading while waiting for rejection letter. What would we all do without you?

lifesarainbow

:A Umkomaas, Coupon Mad & ColliesCarer :j :T:rotfl:


We won! And at the early stage of the initial appeal to the parking operator.
Thank you so much wonderful people. I have just received the following email from Brittania informing me that they have cancelled my PCN after considering my Appeal. However, they say the reason they've cancelled it is because it's my first contravention (not because their charge isn't a GPEOL!). And they also tell me off for several things, including using templates from the internet, and they make it clear that they know I used the one from Money Saving Expert. They clearly don't like our wonderful site. They also accuse me of not reading or understanding the template letter.

Here is a copy of their email, with names/photos etc deleted:


" Dear Xxxxxxxx,

We are prepared to cancel the Parking Charge Notice as a gesture of goodwill as it is your first contravention.

But we would like to advise you that the Parking Charge Notice was issued correctly as your ticket expired; your vehicle cannot be parking in the car park without a valid ticket. Below is the picture taken of your vehicle and the ticket that had expired.

We have authorisation to act on behalf of the landowners, to ensure that the terms and conditions are adhered to. We have full authority on their behalf to issue Parking Charge Notices.

The Protection of freedoms Act 2012 is only relevant if you were not the driver of the vehicle, as you have emailed us regarding the Parking Charge Notice, you are obviously aware of it and as you are also appealing, we take it that you were also the driver at the time the Parking Charge Notice was issued.

You should at least read and ensure you understand the content of the template you copied before you sent it , as regarding point 4 of your template, this is incorrect. All of our signs are approved by the BPA before they displayed in the car parks. The BPA has approved the signage to be adequate within the car park. Also the signage it is not your issue here, as it has nothing to do with the fact that your ticket expired.

Point A, under formal note: This case was based around persistent letters and warning of a variety of consequences if the bills were not paid, this case was based on proofing the amount of letter sent to the claimant was deemed as harassment. We have only sent you one reminder letter, which has no threatening or abusive content to warrant harassment.

Point B, under formal note: This is not relevant as we follow the BPA guidelines at all times.

Point C, under formal note: Not relevant as we are prepared to except that it was not intentional that your ticket expired and as a gesture of goodwill I have cancelled the PCN. All PCN’s are linked by the registration number so we will able to monitor if you receive any more for the same reason. I cannot guarantee that future contraventions will be treated with the same leniency, and if your appeal is rejected we will supply you will you POPLA verification code, our genuine pre-estimate of loss and copy of the authorisation letter from the Landowner that we can issue PCN’s on their behalf.

Point B, under formal note:With reference to the invoicing us at £18.00 an hour, we are sure that you are aware that freely offered, unsolicited comments cannot be construed as professional advice, or indeed expect to receive remuneration for the same.

Using internet templates is not the best option and simply appealing with a valid reason for return late is a better option.

We understand that there are generic templates available on the internet to appeal PCN’s some are very specific is certain situations and in this case I think you will find it appears you have used one from Money Saving Expert that does not correspond to the reason the PCN was issued, which was because your ticket expired.

Regards

Amey Fowler

Customer Service Supervisor
Britannia Parking
Britannia House, 16 Poole Hill, Bournemouth, Dorset BH2 5PS
Tel: 01202 555888 Fax 01202 551199
Web: www.britpark.com Mail: [EMAIL="Amey.Fowler@britpark.com"]Amey.Fowler@britpark.com[/EMAIL] "

Coupon-mad

Hilarious! So pleased they like my template (not)!